2025:UHC:2322 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28th MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO. 1210 of 2024 Gaurav Tiwari …Applicant Versus State of Uttarakhand and Another …Respondents Counsel for the Applicant : Mr. Deep Prakash Bhatt, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, No.1 Brief Holder. 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 seeking anticipatory bail under Sections 420, 504 and Section 506 of the Indian Penal Code, 1860 in Case Crime No.374 of 2024, registered at Police Station Khatima, District Udham Singh Nagar. 2. As per the FIR, the applicant and the co-accused proposed to sell a property to the informant and took Rs.2,00,000/- from him. But subsequently, it was revealed that the land does not belong to them. 3. Heard Mr. Deep Prakash Bhatt, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1. 4. Mr. Deep Prakash Bhatt, Advocate, submitted that the applicant did not execute the said agreement. He 2025:UHC:2322 2 was merely an attesting witness. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. Applicant was granted interim bail on 04.12.2024 by the Coordinate Bench of this Court. The conditions of the interim bail have not been misused by him. 5. Mr. Pradeep Lohani, Brief Holder, 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 Anticipatory Bail Application is allowed and the order dated 04.12.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, namely Gaurav Tiwari, 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 2025:UHC:2322 3 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: 28.03.2025 Shiv/