2025:UHC:2988 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24th APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO. 394 of 2025 Yogesh Kumar …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Mohd. Azim, Advocate. Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Counsel for the Informant : Mr. Siddharth Bankoti, Advocate. Hon’ble Alok Kumar Verma,J. The applicant – Yogesh Kumar has filed the present Application for anticipatory bail in Case Crime No.297 of 2024 (Criminal Case No.261 of 2025), registered at Police Station Kunda, District Udham Singh Nagar. 2. According to the FIR dated 04.09.2024, the applicant under the pretext of marriage established physical relations with the informant for last four years. He had also made an obscene video of the informant. 1 2025:UHC:2988 3. Heard Mr. Mohd. Azim, learned counsel for the applicant, Mr. G.S. Sandhu, learned Additional Advocate General for the State and Mr. Siddhartha Bankoti, learned counsel for the informant. 4. Mr. G.S. Sandhu, learned Additional Advocate General for the State, on instructions, submitted that a charge-sheet has been filed before the concerned court under Section 69 of the Bharatiya Nyaya Sanhita, 2023. 5. Learned counsel for the informant has opposed the anticipatory bail application. 6. Mr. G.S. Sandhu, learned Additional Advocate General for the State, has also opposed the anticipatory bail application orally. However, he submitted on instructions that the alleged video has not been found by the investigating officer. 7. Mr. Mohd. Azim, Advocate, contended that neither the applicant had made any relation with the informant on the pretext of marriage nor any objectionable video was made by him. 8. Mr. Mohd. Azim, Advocate, further submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Moradabad (Uttar Pradesh), therefore, there is no 2 2025:UHC:2988 possibility of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 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 for anticipatory bail, is allowed. It is directed that in the event of the arrest of the applicant, named, Yogesh Kumar, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to 3 2025:UHC:2988 any person, acquainted with the facts of this case. (iii) Applicant shall not leave the country without the previous permission of the trial court. 11. It is clarified 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: 24.04.2025 Pant/ 4