2025:UHC:8467 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22ND SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO.1078 of 2025 Rupesh Saini .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate. Counsel for the Respondent : 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 seeking anticipatory bail in Case Crime No.676 of 2022, registered at Police Station Pathri, District Haridwar under Section 376(2)(n) and Section 506 of the Indian Penal Code, 1860. 2. According to the prosecution, the informant- victim came in contact with the applicant. She was offered a cold drink in a birthday party. She became unconscious after taking it. Then, the applicant established physical relation with her. He told that he has made a video. After the said incident, applicant established physical relations with her on the pretext of marriage. But later, he denied to marry her. 1 2025:UHC:8467 3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Mr. Gaurav Singh, Advocate, contended that the applicant and the informant-alleged victim were friends. Their relations were consensual. But, the said allegations are totally false. Their marriage was fixed. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. The Investigation Officer has not found any intoxicant and the alleged video during the course of the investigation. Applicant does not have any criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He was not arrested during the course of the investigation. He was granted interim relief in a writ petition, filed under Article 226 of the Constitution of India for quashing the First Information Report. 5. Mr. Tumul Nainwal, learned Assistant Government Advocate, 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 2 2025:UHC:8467 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, 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 Rupesh Saini, 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 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. 8. 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:22.09.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f 008e9a4a8038ee7326b08b2 d0e018b01be753f014836d2 7, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779 FB9677068452F32DE6BA960 BFE64D819EE44CA9CCE487B 2FE0F92, cn=NEHA BISHT Date: 2025.09.22 18:07:20 +05'30'