2025:UHC:2095 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.245 of 2025 Pradeep Kumar Gupta ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Amar Murti Shukla, Advocate holding brief of Mr. B.M. Pingal, Advocate with Mr. Rohit Kumar Gaur, Advocate. Counsel for the State : Mr. Deepak Bhardwaj, Brief Holder. Counsel for the Informant/: Mrs. Lata Negi, Victim 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-Pradeep Kumar Gupta seeking anticipatory bail under Section 376 and Section 377 of the Indian Penal Code, 1860 in Case Crime No.171 of 2021, registered at Police Station Rishikesh, District Dehradun. 2. As per the FIR, the informant’s husband was 1 2025:UHC:2095 the driver of the applicant. She had a rift with her husband because her husband used to take alcohol. Applicant called her to talk about her husband in the month of December, 2018. He gave her cold drink to drink. After which she became unconscious. Then, applicant established a physical relationship with her. A sum of Rs.5,00,000/-(Rupees Five Lakh) was to be given to her by the applicant. On the pretext of giving the said money, he made physical relations with her several times. 3. Heard Mr. Amar Murti Shukla, learned counsel for applicant, Mr. Deepak Bhardwaj, learned Brief Holder for the State and Mrs. Lata Negi, learned counsel appearing for informant/victim. 4. The informant/victim is present in-person. She is identified by Mrs. Lata Negi, Advocate. 5. Both, the applicant and the informant, submitted that they have filed a compounding application before the coordinate Bench. The informant/victim has further submitted that she does not want to prosecute the applicant. 6. Mr. Deepak Bhardwaj, learned Brief Holder appearing for the State, has opposed the anticipatory bail application orally. He submitted that the charge- 2 2025:UHC:2095 sheet has already been filed before the concerned Court. 7. Mr. Amar Murti Shukla, Advocate, contended that the applicant does not have any criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 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 Pradeep Kumar Gupta, 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 3 2025:UHC:2095 following conditions:- (i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) 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:24.03.2025 Neha 4