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2025 DAILYLAW 15066 (UTT)

ALISHER v. STATE OF UTTARAKHAND

ABA/978/2025 · 2025-12-09

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:10924 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 09TH DECEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO.978 of 2025 Alisher .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Susheel Kumar, Advocate holding brief of Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed for anticipatory bail in RC No.21 Khanpur/2025-26/C-17 No.10/Khanpur/2025-26, registered at Range-Khanpur, Forest Division Haridwar under Sections 2, 9, 39, 50 and Section 51 of the Wild Life (Protection) Act, 1972. 2. According to the respondent, raw meat of peacock and cooked meat of chital were recovered. Co- accused Khursheed was arrested. One person managed to escape from the spot. The name of the present applicant has come to light in the statement of the arrested accused. 1 2025:UHC:10924 3. Heard Mr. Susheel Kumar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Susheel Kumar, Advocate submitted that the applicant was not present on the spot. He has been falsely implicated in the present matter. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He was granted interim bail on 27.08.2025, and, the conditions of interim bail have not been violated by him. 5. Mr. Pradeep Lohani, learned Brief Holder, 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, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 27.08.2025, granting interim bail to the applicant, is 2 2025:UHC:10924 made absolute. It is directed that in the event of arrest of the applicant Alisher, 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 concerned authority. (i) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. (ii) 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:09.12.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f0 08e9a4a8038ee7326b08b2d0e 018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779F B9677068452F32DE6BA960BF E64D819EE44CA9CCE487B2FE 0F92, cn=NEHA BISHT Date: 2025.12.09 17:59:58 +05'30'