2025:UHC:1947 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 20TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.1072 of 2024 Momeen ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mrs. Prabha Naithani, Advocate. Counsel for the Respondent : Mr. Deepak Bhardwaj, Brief Holder. Counsel for the Informant/ : Mr. M.K. Ray, Advocate Victim. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Momeen seeking anticipatory bail under Section 406 and Section 504 of the Indian Penal Code, 1860 in Case Crime No. 156 of 2024, registered at Police Station Pullbatta, District Udham Singh Nagar. 2. As per the First Information Report, the informant introduced the applicant as a partner in 2025:UHC:1947 2 business. There were some conditions, which were not followed by the applicant. 3. Heard Mrs. Prabha Naithani, learned counsel for applicant, Mr. Deepak Bhardwaj, learned Brief Holder for the respondent and Mr. M.K. Ray, learned counsel for the informant/victim. 4. Mrs. Prabha Naithani, Advocate, contended that the present matter is civil in nature. The applicant was granted interim bail by the Co-ordinate Bench on 25.10.2024, and, the conditions of the interim bail were never misused by him. Applicant does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding. 5. Learned counsel for the respondents have opposed the anticipatory bail application. 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 2025:UHC:1947 3 and circumstances of the case, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicant-Momeen, 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. Date:20.03.2025 JKJ/Pant