2025:UHC:2995 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24th APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO. 273 OF 2025 Sri Ganesh Singh Jeena ..... Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Jai Krishna Pandey, Advocate. Counsel for the Respondents : Mr. Pratiroop Pandey, A.G.A. assisted by Mr. Pradeep Lohani, 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 – Sri Ganesh Singh Jeena seeking anticipatory bail under Sections 115, 333, 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.36 of 2025, registered at Police Station Mukhani, District Nainital. 2. As per the FIR dated 05.02.2025, registered in compliance with the order, passed by the Magistrate, the present applicant and his wife entered into the informant’s house on 13.11.2024 at about 11:30 a.m. and beat him and his son. 1 2025:UHC:2995 3. Heard Mr. Jai Krishna Pandey, learned counsel for the applicant and Mr. Pratiroop Pandey, learned AGA for the State. 4. Mr. Jai Krishna Pandey, Advocate, has contended that the informant was the tenant of the present applicant. The informant has leveled allegations against the applicant with mala fide intent to evade his liability for the outstanding rent. 5. Mr. Jai Krishna Pandey, Advocate, further submitted that the applicant, aged about 60 years, does not have any criminal antecedents. He is a permanent resident of District Nainital, therefore, there is no chance of his absconding, and, he was granted interim bail on 12.03.2025 and the conditions of the interim bail have not been violated by him. 6. Mr. Pratiroop Pandey, learned AGA for the State 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 2 2025:UHC:2995 the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 12.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Sri Ganesh Singh Jeena, 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. 9. 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: 24.04.2025 Pant/ 3