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2025 DAILYLAW 12761 (UTT)

SANDEEP SINGH v. STATE OF UTTARAKHAND

ABA/1094/2024 · 2025-08-25

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7518 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25TH AUGUST, 2025 ANTICIPATORY BAIL APPLICATION NO. 1094 of 2024 Sandeep Singh ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Sanjay Kumar, 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.443 of 2024, registered at Police Station Bazpur, District Udham Singh Nagar. The charge-sheet has been filed for the offence under Sections 115(2), 351(2), 352, 74 and Section 75(1)(i) of the Bharatiya Nyaya Sanhita, 2023. 2. According to the First Information Report, the applicant abused the victim and started beating her in a public place at about 01:30 p.m. on 23.10.2024. 3. Heard Mr. Sanjay Kumar, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the State. 1 2025:UHC:7518 4. Mr. Sanjay Kumar, Advocate, has contended that the applicant and the informant were in a relationship. The family members of the applicant were not agreeable to their marriage, therefore, false FIR has been lodged. Applicant has no criminal antecedents. He is a permanent resident of District Rampur, Uttar Pradesh, therefore, there is no possibility of his absconding. The charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, applicant was granted interim bail on 12.11.2024, and, the conditions of the interim bail have not been violated by him. 5. Mr. G.S. Sandhu, Additional Advocate General, has 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 and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 12.11.2024, 2 2025:UHC:7518 granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Sandeep Singh, 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. ___________________ Date: 25.08.2025 ALOK KUMAR VERMA, J. Pant/ 3