2025:UHC:8413 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 19TH SEPTEMBER, 2025 SECOND ANTICIPATORY BAIL APPLICATION NO. 15 of 2025 Smt. Kiran Kaur alias Babli ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mehboob Rahi, Advocate. Counsel for the Respondent : Mr. Himanshu Sain, Brief Holder. Counsel for the Informant : Mr. Bhuvnesh Joshi, Advocate. Hon’ble Alok Kumar Verma,J. On 30.04.2025, the First Anticipatory Bail Application (ABA No.439 of 2025) was dismissed as withdrawn granting liberty to the applicant to file afresh. 2. This Application has been filed by the applicant – Smt. Kiran Kaur alias Babli seeking anticipatory bail in Case Crime No.87 of 2025, registered at Police Station Sitarganj, District Udham Singh Nagar. 3. Heard Mr. Mehboob Rahi, learned counsel for applicant, Mr. Himanshu Sain, learned Brief Holder for respondent and Mr. Bhuvnesh Joshi, learned counsel for the informant. 1 2025:UHC:8413 4. Learned counsel for the State submitted on instructions that the investigation is pending against the applicant for the offence under Sections 318(4), 61(2)(a), 310(2), 3(5) and Section 317(3) of the Bharatiya Nyaya Sanhita, 2023. 5. According to the First Information Report dated 29.03.2025, on 27.03.2025, the informant went to the applicant to buy gold. Applicant and co-accused taken Rs.70.00 lakh from the informant and fled away from the spot. 6. Mr. Mehboob Rahi, Advocate, contended that the applicant has been falsely implicated in the present matter. She was not involved in the said offence. Raju Rastogi alias Krishna Sunar has been granted anticipatory bail by this Court in Anticipatory Bail Application No.491 of 2025 and three co-accused of similar role have already been granted regular bail by this Court. Applicant is not a convicted lady. She is a permanent resident of District Udham Singh Nagar. She was granted interim bail on 09.05.2025, and, the conditions of the interim bail have not been violated by her. 2 2025:UHC:8413 7. Mr. Himanshu Sain, Brief Holder, & Mr. Bhuvnesh Joshi, Advocate, have opposed the anticipatory bail application. 8. 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. 9. 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 09.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Smt. Kiran Kaur alias Babli, she 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 she shall make herself 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 she shall not seek any unnecessary adjournment; 3 2025:UHC:8413 (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 made clear that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ Date: 19.09.2025 ALOK KUMAR VERMA, J. Pant/ 4