2025:UHC:8265 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 17TH SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1016 OF 2025 Arjun ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Ankur Sharma, Advocate (through video conferencing). Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate with Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application for anticipatory bail has been filed by the applicant-Arjun in Case Crime No.134 of 2025, registered at Police Station Raiwala, District Dehradun under Sections 303(2), 3(5), 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 136(1) of the Electricity Act, 2003. 2. According to the First Information Report dated 03.08.2025, a iron pole of the electricity department was cut and stolen on 29.07.2025. The First Information Report has been registered against unknown person. 1 2025:UHC:8265 3. Heard Mr. Ankur Sharma, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. The case of the respondent is that three co- accused Mohan Rawat, Sarita and Kala Devi were arrested. They told that Arjun (applicant) was also involved in the said offence. The stolen property was recovered from the possession of the arrested co- accused. 5. Mr. Ankur Sharma, Advocate contended that the applicant has been falsely implicated by the co- accused. Applicant was not present on the spot. He had not stolen the said property. Two arrested persons have already been granted bail by the District and Sessions Judge, Dehradun. Applicant is not a convicted person. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. 6. Mr. Tumul Nainwal, Assistant Government Advocate 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 2 2025:UHC:8265 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Arjun, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iv) Applicant shall not leave the country without the previous permission of the trial court. 9. It is clarified 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. Date: 17.09.2025 JKJ/Pant 3