2025:UHC:6192 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16th JULY, 2025 ANTICIPATORY BAIL APPLICATION NO. 357 OF 2025 Dev Kumar and Others ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Siddharth Banktoi, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 13 of 2025, registered at Police Station Khanpur, District Haridwar under Sections 115(2), 118(2), 190, 191(2), 191(3), 324(4), 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023. 2. As per the First Information Report dated 21.01.2025, the informant and others were assaulted by the applicants on 14.01.2025 at around 4-4:30 p.m., in which they received injuries. 3. Heard Mr. Siddharth Bankoti, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Siddharth Bankoti, Advocate, submitted that the allegations of the First Information Report are 1 2025:UHC:6192 totally false. The co-accused Dev Kumar has also lodged an FIR against the informant of the present FIR and others, in which they have been granted interim bail. 5. Mr. Siddharth Bankoti, Advocate, further submitted that the applicants are permanent residents of District Haridwar, therefore, there is no likelihood of their absconding. They are not convicted persons. They were granted interim bail on 21.04.2025, and, the conditions of the interim bail have not been violated by them. 6. Mr. Pradeep Lohani, Brief Holder, has opposed the anticipatory bail application. 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 the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 21.04.2025, granting interim bail to the applicants, is made 2 2025:UHC:6192 absolute. It is directed that in the event of arrest of the applicants Dev Kumar, Popin, Lakhan Singh, Pappu and Rahul, 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 cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment; (iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iv) Applicants shall not leave the country without the previous permission of the trial court. 9. 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: 16.07.2025 Shiv/ 3