2025:UHC:3720 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 09TH MAY, 2025 ANTICIPATORY BAIL APPLICATION NO. 454 of 2025 Atul Mishra …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Vaibhav Singh Chauhan, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Counsel for the Informant : Mr. Girish Chandra Lakhchaura, Advocate (through video conferencing). Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant Atul Mishra seeking anticipatory bail in Case Crime No. 132 of 2025, registered at Kotwali Jwalapur, District Haridwar under Section 376(2)(n) and Section 506 of the Indian Penal Code, 1860. 2. As per the First Information Report dated 25.03.2025, the informant, aged about 25 years, got acquainted with the applicant in the month of December, 2022. He continued having physical relations with her from the year, 2023 on the pretext of marriage. Now, he is refusing to marry her. 3. Heard Mr. Vaibhav Singh Chauhan, learned 1 2025:UHC:3720 counsel for the applicant, Mr. Pradeep Lohani, learned Brief Holder for the respondent and Mr. Girish Chandra Lakhchaura, learned counsel for the informant. 4. The informant is present in-person. She is identified by Mr. Girish Chandra Lakhchaura, Advocate. 5. Mr. Vaibhav Singh Chauhan, Advocate, submitted that no offence under Section 376(2)(n) of the Indian Penal Code, 1860 is made out against the applicant. The informant is the wife of one Ajay Verma. She was married to Ajay Verma on 29.06.2020. 6. Mr. Vaibhav Singh Chauhan, Advocate, submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Sitapur (Uttar Pradesh), therefore, there is no possibility of his absconding. 7. Mr. Pradeep Loahni, Brief Holder appearing for the respondent and Mr. Girish Chandra Lakhchaura, learned counsel appearing for the informant, have opposed the anticipatory bail application. 8. Mr. Girish Chandra Lakhchaura, Advocate, submitted that a petition for divorce is pending before the concerned court. 9. Having heard the submissions of learned counsel for the parties and keeping in view of the facts 2 2025:UHC:3720 and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Atul Mishra, 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. 10. 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: 09.05.2025 Shiv/ 3