2025:UHC:2010 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 21ST MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.258 of 2025 Kapil Dev Rathi ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Nandan Arya, Advocate (through video conferencing) with Mr. M.S. Dhapola, Advocate. Counsel for the State : 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 applicant-Kapil Dev Rathi seeking anticipatory bail under Sections 420, 406, 120B of the Indian Penal Code, 1860 and Section 3 of the Uttarakhand Protection of Interest of Depositors (In Financial Establishments) Act, 2005 in Case Crime No.66 of 2022 (Special Sessions Trial No.31 of 2024), registered at Police Station Sri Nagar, District Pauri Garhwal. 2. According to the present matter, the amount 1 2025:UHC:2010 of account holders was not paid by the applicant, who was the Chairman of Janshakti Multistate Multipurpose Cooperative Society. The applicant and other co- accused grabbed the money of the account holders. 3. Heard Mr. Nandan Arya, learned counsel (through video conferencing) for applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the State. 4. Mr. Nandan Araya, Advocate, contended that the applicant has been falsely implicated in the present matter. He is a permanent resident of Delhi, 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. 5. Mr. Deepak Bhardwaj, learned Brief Holder appearing for the State, has opposed the anticipatory bail application orally. 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 2 2025:UHC:2010 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 Kapil Dev Rathi, 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 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. 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. ___________________ ALOK KUMAR VERMA, J. Dt:21.03.2025 Neha 3