2025:UHC:2165 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25th MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.198 OF 2025 Rajbir Singh and Others ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants :Mr. Devansh Kaushik, Advocate holding brief of Mr. Parikshit Sani, Advocate. Counsel for the Respondent :Mr. G.S. Sandhu, Addl. Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants seeking anticipatory bail under Sections 132, 221 and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 57 of 2025, registered at Police Station Jhabrera, District Haridwar. 2. As per the First Information Report, the informant, the Election Officer of Multipurpose Jhabrera Kisaan Seva Cooperative Society Limited, Jhabrera was doing his duties in his office on 14.02.2025. The applicants along with several other persons entered his room and started terrorizing the informant by abusing 2025:UHC:2165 2 and punching the table. 3. Heard Mr. Devansh Kaushik, learned counsel for the applicants and Mr. G.S. Sandhu, learned Addl. Advocate General for the respondent. 4. Mr. Devansh Kaushik, Advocate, has contended that the applicants are members of Multipurpose Primary Agriculture Cooperative Society Limited, Jhabrera. Applicant no.1 filed a complaint dated 15.02.2025 against the informant before the office of the District Magistrate, Haridwar. Applicant no.3 had filed a complaint dated 15.02.2025 against the informant to the District Magistrate, Haridwar requesting to change the Election Officer of Multipurpose Jhabrera Kisaan Seva Cooperative Society Limited, Jhabrera to conduct the election peacefully and without any disruption. The present FIR has been lodged as a counter-blast to the complaints, filed by the applicants against the informant. 5. Mr. Devansh Kaushik, Advocate, submitted that the applicants do not have any criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no likelihood of their absconding. Applicants were granted interim bail by this Court on 25.02.2025 and the conditions of the 2025:UHC:2165 3 interim bail have not been violated by the applicants. 6. Mr. G.S. Sandhu, Addl. Advocate General, on instructions, has opposed the anticipatory bail application orally. 7. 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. 8. 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 application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and order dated 25.02.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants-Rajbir Singh, Nand Singh and Jodh Singh Verma, 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 2025:UHC:2165 4 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 he 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. 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: 25.03.2025 Shiv/