2025:UHC:8692 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 26TH SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO.1102 of 2025 Rafiq Khan .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mrs. Sheetal Selwal, 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.28 of 2025, registered at Police Station Ghat, District Chamoli under Sections 196(1)(a), 196(1)(b), 352 and Section 353(2) of the Bharatiya Nyaya Sanhita, 2023. 2. According to the First Information Report dated 02.09.2025, during the disaster in Nandanagar, the applicant and co-accused insulted the informant and entire Nandanagar by making discourteous remarks on the informant’s I.D. “Namaste From Uttarakhand”. 1 2025:UHC:8692 3. Heard Mrs. Sheetal Selwal, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent. 4. Mrs. Sheetal Selwal, Advocate, submitted that the informant uploaded the posts against another community due to which the persons belong to another community had made comments against him (informant). Applicant, aged about 65 years, had simply made a comment on the said post in reply. Applicant had no intention of hurting anyone. Applicant has no criminal antecedents. He is a permanent resident of District Dehradun. 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 2 2025:UHC:8692 anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Rafiq Khan, 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 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=6f1c15b6305912b3f0 08e9a4a8038ee7326b08b2d0e 018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779F B9677068452F32DE6BA960BFE 64D819EE44CA9CCE487B2FE0 F92, cn=NEHA BISHT Date: 2025.09.26 18:03:54 +05'30'