2025:UHC:9486 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28th OCTOBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 181 OF 2025 Smt. Sonia Devi ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Siddharth Bankoti, 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 Case Crime No.49 of 2025, registered at Kotwali Kotdwar, District Pauri Garhwal. Charge-sheet has been filed against the applicant for the offence punishable under Sections 61(2), 111(2), 111(3), 318(4), 336(3), 338, 340(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, Section 3 read with Section 21 (3) of the Banning of Unregulated Deposit Schemes Act, 2019 and Section 3 of the Uttarakhand Protection of Interests of Depositors (In Financial Establishments) Act, 2005. 2. Heard Mr. Siddharth Bankoti, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 3. Mr. Siddharth Bankoti, Advocate, submitted that as per the FIR, LUCC Society was managed by one Sarojini 1 2025:UHC:9486 Bisht and the present applicant was the partner. The informant deposited her amount with the said Society. Her amount was not returned by the Society. Applicant and other co-accused persons have misappropriated her money. 4. Mr. Siddharth Bankoti, Advocate, contended that the said allegations against the applicant are false. Applicant was not the partner. She was an agent and she had also deposited the money with the said Society. She is also a victim. She has no criminal antecedents. She is a permanent resident of District Pauri Garhwal, therefore, there is no possibility of her absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, she was granted interim bail on 19.03.2025, and, the conditions of the interim bail have not been violated by her. 5. Mr. Pradeep Lohani, 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 Anticipatory Bail Application 2 2025:UHC:9486 is allowed and the order dated 19.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Smt. Sonia Devi, she 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 she 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 made clear that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Date: 28.10.2025 Shiv/ 3