2025:UHC:2085 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.293 of 2025 Gulfan ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Shubhr Rastogi, 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-Gulfan seeking anticipatory bail under Section 60(1), Section 72 of the United Provinces Excise Act, 1910 (as applicable in the State of Uttarakhand), Sections 274, 336(3), 338 and Section 340(2) of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.120 of 2024, registered at Police Station Muni-Ki-Reti, District Tehri Garhwal. 2. Aman and Mohsin (named accused) were arrested on 23.10.2024 with adulterated liquor. They told that the said liquor were given to them by his 1 2025:UHC:2085 friend Sahil. During the investigation, it is found that Sahil and Gulfan (present applicant) are the same person, from whose house pamphlets, stickers, labels and other articles were recovered on 24.10.2024. 3. Heard Mr. Shubhr Rastogi, learned counsel for applicant and Mr. Deepak Bhardwaj, learned Brief Holder for State. 4. Mr. Shubhr Rastogi, Advocate, contended that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession or his house. The named accused Aman and Mohsin have already been granted regular bail by Sessions Judge, Tehri Garhwal. Applicant is a permanent resident of District Dehradun, therefore, there is no chance of his absconding, and, he is not a previous convict. 5. Mr. Deepak Bhardwaj, learned Brief Holder appearing for the State, on instruction, 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 2 2025:UHC:2085 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, 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, namely, Gulfan, 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. 8. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, 3 2025:UHC:2085 the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt:24.03.2025 Neha 4