2025:UHC:1961 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 20TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.289 of 2025 Ramkanwar Tyagi alias Ramkumar Tyagi and Another ..…Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Anchit Khokher, Advocate. Counsel for the State : Mr. Pratiroop Pandey, A.G.A. assisted by Mr. Pradeep Lohani, Brief Holder. Counsel for the Informant/ : Mr. Lalit Sharma, Victim Advocate. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, “Sanhita, 2023”) has been filed by the applicants seeking anticipatory bail under Sections 406, 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860 in Case Crime No.175 of 2021, registered at Police Station Prem Nagar, District Dehradun. 2025:UHC:1961 2 2. Heard Mr. Anchit Khokher, learned counsel for applicants, Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. Lalit Sharma, learned counsel for the informant/victim. 3. Mr. Anchit Khokher, Advocate, has requested to permit the applicant no.2 Rakesh Tyagi to withdraw the present Application, filed under Section 482 of the Sanhita, 2023, with liberty to file a fresh Application with better particulars. 4. The said request has not been opposed by the respondents. 5. The present Application, filed under Section 482 of the Sanhita, 2023, is dismissed as withdrawn in relation to the applicant no.2 Rakesh Tyagi granting liberty to him to file a fresh anticipatory bail application, as prayed, but in accordance with law. 6. Mr. Anchit Khokher, Advocate, submitted that the applicant no.1 Ramkanwar Tyagi, aged about 90 years, has been falsely implicated in the present matter. Five co-accused have already been granted anticipatory bail. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 2025:UHC:1961 3 7. Mr. Pratiroop Pandey, A.G.A. and Mr. Lalit Sharma, Advocate for the informant/victim, have opposed the anticipatory bail application orally. 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 Sanhita, 2023, is allowed. It is directed that in the event of the arrest of the applicant Ramkanwar Tyagi alias Ramkumar Tyagi, 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; 2025:UHC:1961 4 (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:20.03.2025 Shiv/