Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2142 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
25th MARCH, 2025
ANTICIPATORY BAIL APPLICATION NO.93 of 2025
Bhupesh Chhimwal and Others ..…Applicants
Versus
State of Uttarakhand
..…Respondent
Counsel for the Applicant s : Mr. Lalit Sharma,
Advocate. Counsel for the State : 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 applicants for grant of anticipatory bail under Sections 115(2), 308(2), 332(c) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 53 of 2025, registered at Police Station Rudrapur, District Udham Singh Nagar. 2. According to the First Information Report, the informant holds the post of Circle Head in Adani Energy Solution Limited. The said company is engaged in installing of smart electricity meters for consumers. Applicants entered the warehouse of the said company
2025:UHC:2142 2 on 20.01.2025. They threatened the staff and pushed the security guard. They made a video of the warehouse and told the informant that if they are not given Rs.5,00,000/-, then they will put the said video on social media. They showed the said video on their news channel “Khabar Padtal, Bhoopuram Khabari, News World 24 India”
3. Heard Mr. Lalit Shama, learned counsel for applicants and Mr. Mr. Pradeep Lohani, learned Brief Holder for the State. 4. Mr. Lalit Sharma, Advocate, contended that the applicants are the media reporters. They went to the warehouse of the informant for the purpose of showing the smart electricity meters to the public. They did not demand any money from the informant and no money was given to them. 5. Mr. Lalit Sharma, Advocate, has further contended that the applicants do not have any criminal antecedents and they are permanent residents of District Udham Singh Nagar, therefore, there is no possibility of their absconding. 6. Mr. Pradeep Lohani, Brief Holder, has opposed the anticipatory bail application. 7. Personal liberty under Article 21 of the
2025:UHC:2142 3 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. 8.
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 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicants Bhupesh Chhimwal, Rajeev Chawla and Aakash Ahuja, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-
(i) Applicants shall cooperate with the
Investigating Agency and they shall make
themselves available for interrogation by a
police officer as and when required;
(ii) If the charge-sheet is filed, the applicants
shall attend the trial court regularly and they
shall not seek any unnecessary adjournment;
(iii) Applicants shall not directly or indirectly make
any inducement, threat or promise to any person,
acquainted with the facts of this case. 2025:UHC:2142 4 (iv) Applicants shall not leave the country without the previous permission of the trial court. 9. It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J.
Dt:25.03.2025 Shiv/