2025:UHC:2149 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25th MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO. 1269 of 2024 Nikhil Kumar …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Hari Mohan Bhatia, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, 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 Section 364A of the Indian Penal Code, 1860 in Case Crime No.454 of 2024, registered at Kotwali Haridwar, District Haridwar. 2. Heard Mr. Hari Mohan Bhatia, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State. 3. As per the FIR, the husband of the informant went on work at 06:00 a.m. on 31.05.2024. At around 08:00 a.m., the informant received a call from the mobile number of her husband and some unknown persons told her that they kidnapped her husband and demanded ransom of Rs.5.00 Lakh. Subsequently, they agreed for an 2025:UHC:2149 2 amount of Rs.30,000/-. The First Information Report was registered against the unknown persons. 4. Mr. Hari Mohan Bhatia, Advocate, for the applicant contended that the applicant has been falsely implicated in the present matter. The name of the present applicant has come in the statement of the co-accused Ram Kumar. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. The charge-sheet has already been filed by the Investigating Officer, therefore, there is no chance of tampering with the evidence. The applicant was granted interim relief by the Coordinate Bench on 22.01.2025, and, four co-accused of the similar role have been granted regular bail by the Coordinate Bench. 5. Learned counsel for the State 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, the present application, filed 2025:UHC:2149 3 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicant- Nikhil Kumar, 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 clarified 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: 25.03.2025 Pant/