1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 21ST MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.100 of 2025 Omkar Singh and Another ..…Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Pooran Singh Rawat, 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 (in short, “Sanhita, 2023”) has been filed by the applicants seeking anticipatory bail in Case Crime No. 30 of 2025, registered at Police Station Roorkee, District Haridwar. 2. As per the First Information Report, the applicants and co-accused persons came at the house of Umesh Kumar at 03:30 p.m. on 26.01.2025 and started marpeet. The co-accused Pranav Singh and others fired on Imran. Imran and others sustained injuries. Applicants and other co-accused threatened to kill them. 2 3. Heard Mr. Pooran Singh Rawat, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for the State. 4. Mr. Pradeep Lohani, Brief Holder, submitted on instructions that the applicants are wanted for the offence under Sections 110, 61(2), 115(2), 190, 191(2), 191(3), 324(4), 333, 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 30 of the Arms Act, 1959. 5. Mr. Pooran Singh Rawat, Advocate, appearing for the applicants contended that the applicants have been falsely implicated in the present matter. They were not present on the spot at the time of incident. Applicants do not have any criminal antecedents. Applicants are permanent residents of District Haridwar, therefore, there is no chance of their absconding, and, the main accused Kunwar Pranav Singh has been granted regular bail by Sessions Judge, Haridwar on 18.03.2025. 6. Mr. Pradeep Lohani, Brief Holder, submitted on instructions that injury report has not been received by the Investigating Officer yet. However, he has opposed the anticipatory bail application orally. 7. Personal liberty under Article 21 of the 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 Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicants Omkar Singh and Pravendra, 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; 4 (iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (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:21.03.2025 Shiv/