2025:UHC:7517 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25TH AUGUST, 2025 ANTICIPATORY BAIL APPLICATION NO.189 of 2025 Jay Prakash Nishad .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Ravindra S. Rawat, 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. This Application has been filed by the applicant seeking anticipatory bail in Case Crime No.04 of 2024, registered at Police Station Kalagarh, District Pauri Garhwal under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. 2. According to the First Information Report dated 03.11.2024, Rajan Babu and Sunil Murgan cheated the informants by taking Rs.4,32,700/-(Rupees Four Lakh Thirty Two Thousand Seven Hundred) from them in the name of sending them abroad. 1 2025:UHC:7517 3. Heard Mr. Ravindra S. Rawat, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General for State. 4. Mr. Ravindra S. Rawat, Advocate, submitted that the applicant is not named in the First Information Report. He had not cheated any person. He has not received any money. He is not a convicted person. He is a permanent resident of District Deoria (Uttar Pradesh), therefore, there is no chance of his absconding, and, he was granted interim bail on 16.05.2025, and, the conditions of the interim bail have not been violated by him. 5. Mr. G.S. Sandhu, Additional Advocate General has opposed the anticipatory bail application. 6. 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. 7. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 16.05.2025, 2 2025:UHC:7517 granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Jay Prakash Nishad, he shall 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; (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. (iv) Applicant shall not leave the country without the previous permission of the trial court. 8. 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. ___________________ Date: 25.08.2025 ALOK KUMAR VERMA, J. Pant/ 3