2025:UHC:6082 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 14th JULY, 2025 ANTICIPATORY BAIL APPLICATION NO. 269 OF 2025 Manoj Kumar and Others ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Harshit Sanwal, Advocate. Counsel for the Respondent : Mr. Chitrarth Kandpal, 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 109, 351, 352, 3(5) and Section 191 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No. 4 of 2025, registered at Police Station Kaladhungi, District Nainital. 2. As per the FIR, Kapil Goswami and other unknown persons came on 03.01.2025 at around 9:30 p.m. They beat the informant and his brother. They also fired from the pistols. The driving licence of Gaurav Kumar was found on the spot. 1 2025:UHC:6082 3. Heard Mr. Harshit Sanwal, learned counsel for the applicants and Mr. Chitrarth Kandpal, learned Brief Holder for the State. 4. Mr. Harshit Sanwal, Advocate, contended that the applicants have been falsely implicated in the present matter. They were not present on the spot at the time of the incident. The named accused, namely Kapil Goswami has been exonerated by the Investigating officer. Applicants were not named in the First Information Report. As per the respondent, simple injuries were received by informant and his brother. Applicants are not convicted persons. Applicant no.1 is a permanent resident of District Udham Singh Nagar and applicant nos. 2 to 5 are permanent residents of District Nainital, therefore, there is no likelihood of their absconding. Charge- sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the applicants were granted interim bail on 18.03.2025, and the conditions of the interim bail have not been violated by them. 5. Mr. Chitrarth Kandpal, Brief Holder for the State, has opposed the anticipatory bail application. 2 2025:UHC:6082 However, he conceded that the informant and his brother sustained simple injuries. 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 18.03.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Manoj Kumar, Gaurav Kumar, Gurvant Singh, Vishal Goswami and Jaspal Singh, 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 attend the trial court regularly and they shall not seek any unnecessary adjournment; (ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; 3 2025:UHC:6082 (iii) Applicants shall not leave the country without the previous permission of the trial court. 8. 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: 14.07.2025 Shiv/ 4