2025:UHC:2303 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28th MARCH, 2025 ANTICIPATORY BAIL APPLICATION. 292 of 2025 Manoj alias Nishu and Others …Applicants Versus State of Uttarakhand and Others …Respondents Counsel for the Applicants : Mr. Deepak Petshali, Advocate. Counsel for the Respondent : Mr. G.S. Sandhu, Nos.1 and 2 Addl. Advocate General assisted by 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 applicants seeking anticipatory bail under Sections 147, 148, 149, 308, 323, 504 and Section 506 of the of the Indian Penal Code, 1860 in Case Crime No.245 of 2023 (Criminal Case No.2125 of 2024), registered at Police Station Manglaur, District Haridwar. 2. Heard Mr. Deepak Petshali, learned counsel for the applicants and Mr. G.S. Sandhu, learned Addl. Advocate General for the respondent nos. 1 and 2. 3. Mr. Deepak Petshali, Advocate, submitted 2025:UHC:2303 2 that the applicant no.1 Manoj alias Nishu has been arrested. Therefore, the present Application has become infructuous in relation to the applicant no.1 Manoj alias Nishu. 4. The present Application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is dismissed as infructuous in relation to the applicant no.1 Manoj alias Nishu. 5. As per the FIR, the applicants and other named accused assaulted the informant and his cousin on 02.04.2024 with sticks and iron rods, in which they received injuries. 6. Mr. Deepak Petshali, Advocate, contended that the applicants have been falsely implicated in the present matter. The informant and his fellows assaulted the applicant no.3 Dikshant alias Shubham, in which he sustained injuries. 7. Mr. Deepak Petshali, Advocate, further submitted that the applicants have no criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no chance of their absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 2025:UHC:2303 3 8. Mr. G.S. Sandhu, Addl. Advocate General, on instructions, has opposed the Anticipatory Bail Application orally. 9. 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. 10. 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 applicants, Mohit, Dikshant alia Shubham and Ritik, 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. (iii) Applicants shall not leave the country without the previous permission of the trial court. 2025:UHC:2303 4 11. It is clarified 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: 28.03.2025 Shiv/