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2025 DAILYLAW 13342 (UTT)

ARPIT KUMAR v. STATE OF UTTARAKHAND

ABA/1229/2024 · 2025-01-02

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No.1229 of 2024 Arpit Kumar and another ...Applicants Versus State of Uttarakhand and another ...Respondents Present:- Mr. B.S. Adhikari, Advocate for the applicant. Ms. Rangoli Purohit, Brief Holder for the State. And Anticipatory Bail Application No.1129 of 2024 Neha and another ...Applicants Versus State of Uttarakhand and another ...Respondents Present:- Mr. B.S. Adhikari, Advocate for the applicant. Ms. Rangoli Purohit, Brief Holder for the State Hon’ble Ravindra Maithani, J. (Oral) Since both these anticipatory bail applications arise from one and the same FIR, they are decided by this common order. 2. Applicants Arpit Kumar, Amit Kumar, Neha and Prince Gupta seek anticipatory bail in FIR No. 817 of 2023, under Sections 323, 354, 498A, 504 IPC and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station Kotwali Haridwar. 2 3. Heard learned counsel for the parties and perused the record. 4. Learned counsel for the applicants would submit that it is a matrimonial discord, which has reached to this extent. Learned counsel for the applicants would also submit that after 13 years of friendship and 3 years of live in relationship, marriage was done, but unfortunately, thereafter, FIR has been lodged. It is submitted that during investigation, applicants were not arrested. They were served with the notice under Section 41A of the Code of Criminal Procedure, 1973. 5. Learned State counsel would submit that during investigation, the applicants were not arrested and now charge sheet has been filed. 6. Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail. 7. The anticipatory bail applications are allowed. 8. In the eventuality of arrest, the applicants shall be enlarged on anticipatory bail subject to their furnishing a personal bond with two sureties by each one of them, each in the like amount, to the satisfaction of the court 3 concerned. In addition to it, the applicants shall also comply with the following conditions: (i) The applicants shall not approach any witness, in any manner, whatsoever. (ii) The applicants shall not leave the country without prior permission of the concerned court. (iii) The applicants shall deposit their passport with the court concerned. The passport may only be returned by the order of the court concerned. In case, the applicants do not have passport, they shall give an undertaking to that effect to the court concerned. (iv) The applicants shall also give an undertaking on (i) & (ii) above. (Ravindra Maithani, J.) 02.01.2025 Jitendra