2025:UHC:2319 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO. 1301 of 2024 Naresh Chandra Pant …Applicant Versus State of Uttarakhand and Others …Respondents Counsel for the Applicant : Mrs. Pushpa Joshi, Senior Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Nos.1 and 2 Brief Holder. Counsel for the Respondent : Mr. S.R.S. Gill, Advocate. No.3 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 376 and Section 506 of the Indian Penal Code, 1860 in Case Crime No.32 of 2024, registered at Police Station Mallital, District Nainital. 2. As per the FIR, the informant was married when the applicant came close to her. Applicant assured the informant that if she divorces her husband, he would marry her. Under the pretext of marriage, the applicant established physical relations with the 2025:UHC:2319 2 informant on multiple occasions, but, now he is not agreeable to marriage. 3. Heard Mrs. Pushpa Joshi, learned Senior Advocate for the applicant, Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. S.R.S. Gill, learned counsel for the respondent no.3. 4. Objections have not been filed by the respondents. 5. Mrs. Pushpa Joshi, learned Senior Advocate contended that the relations between the applicant and the informant was consensual. The informant was already married, when she entered into relationship with the applicant. 6. Mrs. Pushpa Joshi, learned Senior Advocate has further submitted that the applicant has no criminal antecedents. He is a permanent resident of District Nainital and he is a Government servant, therefore, there is no chance of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant was granted interim bail on 27.12.2024, and, the conditions of the interim bail have not been violated by him. 7. Mr. Pradeep Lohani, learned Brief Holder and Mr. S.R.S. Gill, learned counsel for the respondent no.3 2025:UHC:2319 3 have opposed the anticipatory bail application orally. 8. 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. 9. 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 Application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and order dated 27.12.2024, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant – Naresh Chandra Pant, he shall be released on 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. 2025:UHC:2319 4 10. 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 Pant/