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2025 DAILYLAW 11338 (UTT)

GAURAV CHAUHAN v. STATE OF UTTARAKHAND

ABA/1054/2025 · 2025-09-18

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8322 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 18TH SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1054 OF 2025 Gaurav Chauhan ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Abhishek Verma, Advocate. Counsel for the Respondent : Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This application has been filed for anticipatory bail in Case Crime No.274 of 2025, registered at Kotwali Ranipur, District Haridwar under Sections 310(2), 61(2) and Section 317 (2) of the Bharatiya Nyaya Sanhita, 2023. 2. According to the First Information Report dated 03.07.2025, at round 11.15 p.m. on 02.07.2025, two unknown persons looted Rs.1,20,000/-, keys, papers and two mobile phone (SIM Nos.8395088586 & 9068684082) from the informant. There were two other unknown persons with those persons. 1 2025:UHC:8322 3. Heard Mr. Abhishek Verma, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent. 4. Mr. Abhishek Verma, Advocate contended that three accused Rahul, Ankush and Deepak were arrested on 11.07.2025. One mobile phone, two SIM and Rs.34,000/- were recovered from their possession. The arrested persons told the police that Gaurav Chauhan (applicant) and Bhanu Pratap alias Guddu were also involved in the said offence. Co-accused Rahul and Ankush have already been granted regular bail. Applicant is not a convicted person. He is a permanent resident of District Haridwer, therefore, there is no possibility of his absconding. 5. Mr. Chitrarth Kandpal, Brief Holder has opposed the anticipatory bail application orally. 6. 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. 7. 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, 2 2025:UHC:8322 filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant-Gaurav Chauhan, 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. 8. 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: 18.09.2025 JKJ/Pant 3