2025:UHC:7629 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28th AUGUST, 2025 SECOND ANTICIPATORY BAIL APPLICATION NO.35 of 2025 Rahul Kumar .....Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Ms. Amreen Bano, Advocate holding brief of Ms. Medha Pande, Advocate. Counsel for the Respondents : Mr. Tumul Nainwal, Assistant Government Advocate assisted by Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant-Rahul Kumar seeking anticipatory bail in FIR No.125 of 2024, registered at Police Station Shyampur, District Haridwar. 2. The First Anticipatory Bail Application (No.928 of 2025) was dismissed as withdrawn on 21.08.2025 granting liberty to the applicant to file afresh anticipatory bail application. 3. According to the First Information Report dated 20.11.2024, the police recovered 29 gm smack 1 2025:UHC:7629 (Heroin) from the possession of the co-accused Shantanu Kumar Saini on 20.11.2024. As per the respondents, the co-accused told the police that the recovered smack was given to him by the present applicant; the motorcycle used to deliver the recovered smack was given to him by the applicant and the co- accused and the present applicant talked on the phone. 4. Heard Ms. Amreen Bano, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for respondents. 5. Ms. Amreen Bano, Advocate, contended that the co-accused took the applicant’s motorcycle from him but he did not know for what purpose the co- accused would use his motorcycle. The co-accused and the applicant knew each other, therefore, they talked on the phone. Apart from the said circumstances, there is no other evidence against the applicant. Applicant was not arrested during the course of the investigation. He was granted relief in a Writ Petition, filed under Article 226 of the Constitution of India to quash the First Information Report. Now, charge-sheet has been filed against the applicant under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, therefore, there is no chance of tampering with the 2 2025:UHC:7629 evidence. Applicant is not a convicted person. He is a permanent resident of District Bijnor, Uttar Pradesh, therefore, there is no possibility of his absconding. 6. Mr. Tumul Nainwal, learned Assistant Government Advocate, on instruction, has opposed the anticipatory bail application orally. 7. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case. 8. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Rahul Kumar, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/-and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:- (i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make 3 2025:UHC:7629 any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) Applicant shall not leave the country without the previous permission of the trial court. 9. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt:28.08.2025 Neha 4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.08.28 18:27:56 +05'30'