2025:UHC:3738 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 09TH MAY, 2025 ANTICIPATORY BAIL APPLICATION NO.473 of 2025 Ghansyam Toshaniwal ..…Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Harsh Vardhan Dhanik, Advocate with Mr. Imaran Ali Khan, Advocate. Counsel for the Respondents : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant-Ghansyam Toshaniwal seeking anticipatory bail in Case Crime No. 384 of 2023 (Criminal Case No.393 of 2024), registered at Police Station Rishikesh, District Dehradun under Section 376 of the Indian Penal Code, 1860. 2. According to the First Information Report, the applicant committed rape on the informant on the pretext of marriage and then he deceived her and married her. 3. Heard Mr. Harsh Vardhan Dhanik, learned counsel for applicant and Mr. Pradeep Lohani, learned 1 2025:UHC:3738 Brief Holder for the respondents. 4. Mr. Harsh Vardhan Dhanik, Advocate submitted that the applicant has been falsely implicated in the present matter. The applicant later came to know that the informant was already married, therefore, he filed a petition under Section 11 of the Hindu Marriage Act, 1955. The said petition was allowed. The First Appeal (FA No.07 of 2023) is pending before this Court. 5. Mr. Harsh Vardhan Dhanik, Advocate further submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Nagaur (Rajasthan), therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 6. Mr. Pradeep Lohani, Brief Holder for the State has opposed the Anticipatory Bail Application orally. 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 2 2025:UHC:3738 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-Ghansyam Toshaniwal, 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 concerned court regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) 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. Date : 09.05.2025 JKJ/Neha 3