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2025 DAILYLAW 11829 (UTT)

DEEPAK v. STATE OF UTTARAKHAND

ABA/1099/2025 · 2025-09-26

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8720 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 26TH SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO.1099 of 2025 Deepak .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Parikshit Saini, Advocate. Counsel for the Respondent : Mr. Akshay Latwal, Assistant Government Advocate assisted by Mr. Prabhat Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant for anticipatory bail in Case Crime No.629 of 2025, registered at Police Station Manglour, District Haridwar under Section 64(2)(m) and Section 69 of the Bharatiya Nyaya Sanhita, 2023. 2. According to the First Information Report dated 16.09.2025, the applicant had physical relations with the informant several times on the pretext of marriage. Now, he has refused to marry her. 3. Heard Mr. Parikshit Saini, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant 1 2025:UHC:8720 Government Advocate for the respondent. 4. Mr. Parikshit Saini, Advocate, contended that the relationship between the applicant and the informant, aged about 22 years, was consensual. He wanted to marry her. But, in the month of July, 2025, he came to know that the informant was already marred. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. 5. Mr. Akshay Latwal, 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 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 Deepak, he shall be released on anticipatory bail on executing a personal 2 2025:UHC:8720 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 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:26.09.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e0 18b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE 64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.26 18:03:00 +05'30'