Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6083 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
14th JULY, 2025
ANTICIPATORY BAIL APPLICATION NO. 362 OF 2025
Shanti Prasad Bhatt
..... Applicant
Versus
State of Uttarakhand
..…Respondent
Counsel for the Applicant : Mr. Yogesh Kumar, Advocate
holding brief of Mr. Priyanshu
Gairola, Advocate. Counsel for the Respondent : Mr. Chitrarth Kandpal, Brief
Holder. Hon’ble Alok Kumar Verma,J.
The present Application has been filed by the applicant – Shanti Prasad Bhatt seeking anticipatory bail under Sections 196, 308(5), 333, 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.51 of 2025, registered at Police Station Rajpur, District Dehradun. 2. As per the FIR dated 25.03.2025, the applicant and eight named co-accused along with 40-50 other persons came at the informant’s Pyramid Café Lodge at around 12 o’clock on 20.03.2025. They misbehaved with the staff while raising slogans. They took Rs.1,07,000/- in the name of salary of six persons. They also threatened to tarnish the image of the establishment. 1
2025:UHC:6083
3. Heard Mr. Yogesh Kumar, learned counsel appearing for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent. 4. Mr. Yogesh Kumar, Advocate, contended that some of the co-accused were working in the said Lodge. Their salaries were not given. They requested some of the party members of the Uttarakhand Kranti Dal to help them. They went there. The police came there. The management of the Café admitted that they had held the salary of the employees. Thereafter, settlement was recorded by the police. 5. Mr. Yogesh Kumar, Advocate, further submitted that applicant is a permanent resident of District Dehradun, therefore, there is no likelihood of his absconding. He was granted interim bail on 17.04.2025, and, the conditions of the interim bail have not been violated by him. 6. Mr. Chitrarth Kandpal, 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. 2
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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 17.04.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Shanti Prasad Bhatt, 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: 14.07.2025 Shiv/ 3