2025:UHC:3728 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 09TH MAY, 2025 ANTICIPATORY BAIL APPLICATION NO.471 of 2025 Kaleem ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Shakib Husain, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant-Kaleem seeking anticipatory bail in Case Crime No.41 of 2025, registered at Police Station Bhagwanpur, District Haridwar. 2. The investigation against the applicant is pending under Sections 310(2), 317(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the First Information Report dated 07.02.2025, on 06.02.2025 at around 07.34 p.m., some unknown persons looted jewellery, cash and two- three mobile phones from the informant’s house. 4. Heard Mr. Shakib Husain, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder 1 2025:UHC:3728 for the respondent. 5. Mr. Shakib Husain, Advocate contended that the applicant is an innocent person. He has been falsely implicated in the present matter. The alleged offence under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 is not made out. The name of the present applicant has come to light in the statement of the co- accused, who was arrested by the police. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. 6. Mr. Pradeep Lohani, Brief Holder for the State has opposed the Anticipatory Bail Application. 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant-Kaleem, he shall be released on anticipatory bail on executing a personal 2 2025:UHC:3728 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. 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