Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 11749 (UTT)

ARUN YADAV v. STATE OF UTTARAKHAND

ABA/1094/2025 · 2025-09-25

Alok Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8644 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25TH SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1094 OF 2025 Arun Yadav and three Others ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Rajat Mittal, Advocate. Counsel for the Respondent : Mr. Akshay Latwal, Assistant Government Advocate with Mr. Prabhat Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application for anticipatory bail has been filed in Case Crime No.736 of 2022, registered at Police Station Rishikesh, District Dehradun under Section 306 of the Indian Penal Code, 1860. 2. According to the First Information Report dated 06.12.2022, Arun Yadav, his two sons, his brother and others beat the informant’s husband on 04.12.2022. Her husband committed suicide by going in front of a train on 05.12.2022. 3. Heard Mr. Rajat Mittal, learned counsel for the applicants and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent. 1 2025:UHC:8644 4. Mr. Rajat Mittal, Advocate contended that the said allegations are totally false. According to the prosecution itself, there was some financial dealing between the applicants and the deceased. The applicants wanted Rs.2.00 lakhs from the deceased, whereas, the deceased was saying the due is only Rs.50,000/- and thereafter, he made the facebook post and committed suicide. 5. Mr. Rajat Mittal, Advocate further contended that applicants had not in any way provoked, incited or encouraged the deceased to commit suicide. Applicants are permanent residents of District Dehradun, therefore, there is no possibility of their absconding. Applicants were not arrested during the course of the investigation. They were granted interim relief in the writ petition, filed under Article 226 of the Constitution of India to quash the First Information Report. Now, charge-sheet has been filed, therefore, there is no chance of tampering with the evidence. 6. Mr. Akshay Latwal, 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 2 2025:UHC:8644 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Arun Yadav, Himanshu Yadav, Rahul Yadav and Sandeep Yadav, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions: - (i) Applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment; (ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iii) Applicants shall not leave the country without the previous permission of the trial court. 9. It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Date: 25.09.2025 JKJ/Pant 3