2025:UHC:3573 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 07th MAY, 2025 ANTICIPATORY BAIL APPLICATION NO.60 of 2025 Mohan Saini ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. D.C.S. Rawat, Advocate. Counsel for the Respondent : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant seeking anticipatory bail in Case Crime No.338 of 2024, registered at Police Station I.T.I., District Udham Singh Nagar under Section 376 of the Indian Penal Code, 1860. 2. According to the First Information Report dated 19.12.2024, the applicant and the victim came close to each other. They are in sports. In the month of February, 2018, the applicant spiked the drink of the victim and established physical relations with her. He assured to marry her, but now he declined. 3. Heard Mr. D.C.S. Rawat, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional 1 2025:UHC:3573 Advocate General for the State. 4. Mr. D.C.S. Rawat, Advocate, contended that the applicant has been falsely implicated in the present matter. In the absence of any medical examination, the allegation that the applicant mixed intoxicants in the drink remains unsubstantiated and is purely speculative. 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. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 10.01.2025. The conditions of interim bail have not been violated by him. 5. Mr. G.S. Sandhu, learned Additional Advocate General, 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 2 2025:UHC:3573 and circumstances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 10.01.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Mohan 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. Date : 07.05.2025 Pant/ 3