2025:UHC:7742 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 01st SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO.491 of 2025 Raju Rastogi alias Krishna Sunar .....Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mr. Amar Murti Shukla, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, Nos.1 and 2 Assistant Government Advocate. Counsel for the Respondent : Mr. Bhuvnesh Joshi, no.3-Informant. Advocate. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant Raju Rastogi alias Krishna Sunar for anticipatory bail in Case Crime No. 87 of 2025, registered at Police Station Sitarganj, District Udham Singh Nagar. 2. According to the First Information Report dated 29.03.2025, the informant went to buy gold from the applicant and co-accused Smt. Kiran Kaur alias Babli on 27.03.2025. The applicant and other co- accused taken Rs.70,00,000/- from the informant and 1 2025:UHC:7742 ran away from the spot. 3. Heard Mr. Amar Murti Shukla, learned counsel for the applicant, Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent nos. 1 & 2 and Mr. Bhuvnesh Joshi, learned counsel for the respondent no.3. 4. Mr. Pratiroop Pandey, Advocate, on instructions, submitted that the investigation is pending against the present 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. Mr. Amar Murti Shukla, Advocate, submitted that the applicant has been falsely implicated in the present matter. Three co-accused of similar role have already been granted regular bail by this Court. Applicant has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. He was granted interim bail on 14.05.2025, and, the conditions of interim bail have not been violated by him. 6. Mr. Pratiroop Pandey, learned Assistant Government Advocate and Mr. Bhuvnesh Joshi, Advocate, have opposed the anticipatory bail 2 2025:UHC:7742 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, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed and order dated 14.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Raju Rastogi alias Krishna Sunar, 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; 3 2025:UHC:7742 (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. Dt:01.09.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08 b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA 960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.09.01 18:57:11 +05'30'