2025:UHC:7836 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 03rd SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO.400 of 2025 Ankush Gumber and Others .....Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Vipul Sharma, Advocate. Counsel for the State : Mr. Pradeep Lohani, Brief Holder. Counsel for the Informant : Mr. Pooran Singh Rawat, Advocate. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 117 of 2025, registered at Police Station Kiccha, District Udham Singh Nagar. 2. Heard Mr. Vipul Sharma, learned counsel for the applicants, Mr. Pradeep Lohani, learned Brief Holder for respondent and Mr. Pooran Singh Rawat, learned counsel for the informant. 3. Mr. Pradeep Lohani, learned Brief Holder, submitted on instructions that the charge-sheet has been filed for the offence under Sections 115(2), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023, Section 3(1)(r) and Section 3(1)(s) of the Scheduled 1 2025:UHC:7836 Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. Mr. Vipul Sharma, Advocate, contended that the allegations of the respondents are totally groundless. It has not been disclosed in the First Information Report that the informant-victim is a member of Scheduled Castes or the Scheduled Tribes. The said offences of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not made out. He has relied upon a judgment of the Hon’ble Supreme Court in “Gorige Pentaiah Vs. State of Andhra Pradesh and Others”, (2008) 12 SCC 531. 5. Mr. Vipul Sharma, Advocate, further submitted that applicants have no criminal antecedents. They are permanent residents of District Udham Singh Nagar, therefore, there is no possibility of their absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicants were granted interim bail on 29.04.2025, and, the conditions of interim bail have not been violated by them. 6. Mr. Pradeep Lohani, Brief Holder and Mr. Pooran Singh Rawat, Advocate, have opposed the anticipatory bail application. 2 2025:UHC:7836 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 or demerits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 29.04.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Ankush Gumber, Sagar Gumber, Prem Lal Gumber and Madan Lal, 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 attend the trial court regularly and they shall not seek any unnecessary adjournment; (ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) Applicants shall not leave the country without 3 2025:UHC:7836 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. 10. It is made clear that the facts, produced by the parties, and the arguments of learned counsel for the parties have been considered solely for the purpose of deciding this anticipatory bail application. ___________________ ALOK KUMAR VERMA, J. Dt:03.09.2025 Neha 4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038 ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452 F32DE6BA960BFE64D819EE44CA9CCE487B2 FE0F92, cn=NEHA BISHT Date: 2025.09.03 19:00:59 +05'30'