2025:UHC:2148 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.223 of 2025 Surendar Singh Ahuja ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Akhil Kumar Sah, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Counsel for the Informant/ : Mr. Rajesh Joshi, Injured Advocate. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Surendar Singh Ahuja for grant of anticipatory bail under Sections 109, 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.12 of 2024, registered at Police Station Munsiyari, District Pithoragarh. 2. As per the First Information Report, present applicant stabbed the informant with a knife between 9.30-10 p.m. on 23.10.2024, due to which 15 stitches 2025:UHC:2148 2 were found on his neck. 3. Heard Mr. Akhil Kumar Sah, learned counsel for applicant, Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. Rajesh Joshi, learned counsel for the informant/injured. 4. Counter affidavit, filed by the informant/injured, is taken on record. 5. Mr. Ashutosh Chaudhary, the informant/injured is present in-person. He is identified by Mr. Rajesh Joshi, Advocate. 6. Mr. Ashutosh Chaudhary, the informant/injured submitted that the First Information Report was based upon hearsay statements of some persons who told that present applicant was involved in this crime. He does not want to prosecute the applicant. He further submitted that he is completely fit. 7. Mr. Akhil Kumar Sah, Advocate contended that the applicant does not have any criminal antecedents. He is a permanent resident of District Nainital, therefore, there is no chance of his absconding. 8. Mr. Pradeep Lohani, Brief Holder has opposed the Anticipatory Bail Application orally. 2025:UHC:2148 3 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 and circumstances of the case, the present Anticipatory Bail Application (ABA No.223 of 2025) is allowed. It is directed that in the event of arrest of the applicant- Surendar Singh Ahuja, 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. 2025:UHC:2148 4 11. 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. Date : 25.03.2025 JKJ/Pant