2025:UHC:2955 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 23TH APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO. 366 OF 2025 Shishpal and Others ..... Applicants Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicants : Mr. Birendra Singh Adhikari, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, Nos. 1 & 2. A.G.A. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicants seeking anticipatory bail under Sections 109, 115(2), 190, 191(1), 191(2), 324(4), 333, 351(2) and Section 352 of the Bharatiya Nyaya Sanhita, 2023 in FIR No.219 of 2025, registered at Police Station Laksar, District Haridwar. 2. As per the First Information Report, the present applicants and other co-accused entered into the house of the informant and fired. 3. Heard Mr. Birendra Singh Adhikari, learned counsel for the applicants and Mr. Pratiroop Pandey, learned A.G.A. for respondent nos. 1 & 2. 4. Mr. Birendra Singh Adhikari, Advocate, contended that as per the statement of the informant, 1 2025:UHC:2955 recorded by the Investigating Officer, Deepak Kumar and some unknown persons entered into house and fired at those who were present at the spot but the bullet did not hit anyone. He further submitted that the applicants do not have any criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no chance of their absconding. Applicants were granted interim bail on 09.04.2025, and, the conditions of interim bail have not been misused by them. 5. Mr. Pratiroop Pandey, A.G.A., has opposed the anticipatory bail application. 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 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, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 09.04.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Shishpal, Ashish and Vishal, 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 2 2025:UHC:2955 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. 8. 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: 23.04.2025 Shiv/ 3