2025:UHC:2121 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.176 of 2025 Vishal Sharma and Others ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Yash Bisht, 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 for grant of anticipatory bail under Sections 109(1), 191(3), 309(3), 352 and Section 74 of the Bharatiya Nyaya Sanhita, 2023 in case bearing FIR No.75 of 2025, registered at Police Station Patel Nagar, District Dehradun. 2. As per FIR, on 13.02.2025 at about 20:30 p.m., the applicants went to the house of the informant along with Ankit Tyagi and Rubi Goyal. They had Dandas, pistols and sharp weapons. Smt. Shiwani Sharma and Smt. Garima Sharma (applicants) beat her 1 2025:UHC:2121 and Vishal Sharma, Sanjay Kumar (applicants) and Ankit Tyagi tore her clothes. Ankit Tyagi, Vishal Sharma and Sanjay caused grievous hurt to her brother-in-law Shobit on his head. They also beat her husband and father-in-law. 3. Heard Mr. Yash Bisht, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for State. 4. No one is present on behalf of the informant/victim. 5. Mr. Pradeep Lohani, learned Brief Holder, submitted on instructions that the investigation is being conducted for the offence under Sections 118(1), 115(2), 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023. 6. Mr. Yash Bisht, Advocate, has contended that the informant Smt. Anchal Sharma is the sister-in-law (Jethani) of the applicant no.3 and the applicant nos.1, 2 and 4 are the family members of the applicant no.3. The relationship of the applicant no.3 with her husband is strained. The applicant no.3 moved a complaint on 28.10.2024 against her husband and her in-laws regarding mental and physical harassment. Applicant no.1 is serving in Indian Air Force. On 13.02.2025, the 2 2025:UHC:2121 informant along with the husband of the applicant no.3 and Mohit Sharma, the husband of the informant, misbehaved with the applicants. Applicant no.3 was abused and physically assaulted. After her medical examination, she approached to Kotwali Patel Nagar, but her compliant was not entertained (Annexure No.6). 7. Mr. Yash Bisht, Advocate, has further contended that the applicant no.1, applicant no.2 and applicant no.4 are the residents of District Baghpat (Uttar Pradesh) and the applicant no.3 is a permanent resident of District Dehradun, therefore, there is no chance of their absconding. They were granted interim bail by this Court on 21.02.2025, and, they have not misused the conditions of the interim bail. 8. Mr. Pradeep Lohani, learned Brief Holder, has opposed the anticipatory bail application. 9. 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. 10. Having heard the submissions of learned counsel for the parties and keeping in view of the facts 3 2025:UHC:2121 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 21.02.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants, namely, Vishal Sharma, Garima Sharma, Shiwani Sharma and Sanjay Kumar, they shall be released on interim 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 Investigating Officer/ 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. 11. 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 4 2025:UHC:2121 for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt:24.03.2025 Neha 5