2025:UHC:636 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16TH JANUARY, 2025 ANTICIPATORY BAIL APPLICATION NO. 63 of 2025 Mahesh Chand ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Lalit Sharma, Advocate. (through video conferencing) Counsel for the State : Mr. Pratiroop Pandey, A.G.A. assisted by Mr. Rakesh Negi, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for Anticipatory Bail under Section 376 read with Section 511, Section 354 & Section 506 of the Indian Penal Code, 1860 in connection with the Case Crime No. 221 of 2022 (Criminal Case No.6140 of 2022), registered at police station Rishikesh, District Dehradun. 2. Heard Mr. Lalit Sharma (through video conferencing), learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. 2025:UHC:636 2 Rakesh Negi, learned Brief Holder for the State. 3. Mr. Lalit Sharma, Advocate, has contended that the applicant, aged about 65 years, has been falsely implicated in the present matter. The First Information Report was lodged 17 days after the alleged incident. Applicant is suffering from heart ailment. His treatment is going on at Max Hospital, Haridwar. The applicant does not have any criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no likelihood of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 4. Ms. Meenu Yadav, the Investigating Officer, through video conferencing submitted that the applicant was not arrested during the course of the investigation because he was not well. 5. Mr. Pratiroop Pandey, learned A.G.A. for the State 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 2025:UHC:636 3 circumstances of the case. 7. In the facts and circumstances of the case, the applicant-Mahesh Chand is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on 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 so as to dissuade him from disclosing such facts to the Court or to any police officer; (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. 9. Anticipatory Bail Application (No. 63 of 2025) stands disposed of accordingly. ___________________ ALOK KUMAR VERMA, J. Vacation Judge Date:16.01.2025 JKJ/Pant