2025:UHC:1239 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 21ST FEBRUARY, 2025 ANTICIPATORY BAIL APPLICATION NO.180 of 2025 Karan Singh ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Anchit Khokher, Advocate. Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. Apprehending his arrest, the applicant has filed an Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail under Sections 115(2), 126(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in case bearing FIR No.33 of 2025, registered at Police Station Bajpur, District Udham Singh Nagar. 2. As per FIR, on 10.01.2025 at 8:00 p.m., the applicant abused the informant’s brother Shankar Singh and beat him with a stick and broke his hand. 1 2025:UHC:1239 Applicant was under the influence of alcohol at that time. 3. Heard Mr. Anchit Khokher, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for the State. 4. On 20.02.2025, Mr. Pradeep Lohani, learned Brief Holder, appearing for the State, sought time to get instructions. 5. Mr. Anchit Khokher, Advocate, has contended that Shankar Singh along with his two brothers Suresh (informant) and Arun were under the influence of alcohol. They stopped the applicant when he was returning from work. They started to abuse him without any provocation and beat him. Due to the assault, he sustained fracture in his hand (copy of medical examination report Annexure No.2). 6. Mr. Anchit Khokher, Advocate, has further submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding. 2 2025:UHC:1239 7. Mr. G.S. Sandhu, learned Additional Advocate General appearing for the State, has opposed the Anticipatory Bail Application orally. 8. 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. 9. 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 applicant Karan Singh, he should 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required; 3 2025:UHC:1239 (ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iv) Applicant shall not leave the country without the previous permission of the trial court. 10. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt:21.02.2025 Neha 4