2025:UHC:1967 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 20TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.179 OF 2025 Abhilash Kataria and Others ..... Applicants Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicants : Mr. Pranav Singh, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, No.1 A.G.A. assisted by 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 for grant of anticipatory bail under Sections 115(2), 126(2), 351(3), 352, 85 of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the Dowry Prohibition Act, 1961 in case bearing FIR No.44 of 2025, registered at Kotwali Roorkee, District Haridwar. 2. Heard Mr. Pranav Singh, learned counsel for the applicants and Mr. Pratiroop Pandey, learned A.G.A. for the respondent no.1. 2025:UHC:1967 2 3. Mr. Pranav Singh, Advocate contended that the respondent no.2/informant/alleged victim and her family members had concealed the fact from applicant no.1 and his family members that the respondent no.2 was suffering from paranoid schizophrenia and other mental diseases at the time of her marriage with the applicant no.1. Applicant no.1 has filed a petition before the concerned court under Section 11 of the Hindu Marriage Act, 1955. 4. Mr. Pranav Singh, Advocate submitted that the applicants were granted interim bail on 24.02.2025, and, conditions of the interim bail were never misused by them. Applicants do not have any criminal antecedents. They are permanent residents of District Saharanpur (Uttar Pradesh), therefore, there is no chance of their absconding. 5. As per report of the Registry, notice has been served personally on the respondent no.2- informant/victim. But, there is no representation on behalf of the respondent no.2. 6. Mr. Pratiroop Pandey, A.G.A. has opposed the anticipatory bail application. 7. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right 2025:UHC:1967 3 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, namely, Abhilash Kataria, Pankaj and Smt. Jyoti Kataria, 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. (iv) Applicants shall not leave the country without the previous permission of the trial court. 2025:UHC:1967 4 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. Date:20.03.2025 JKJ/Pant