2025:UHC:5430 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 26th JUNE, 2025 ANTICIPATORY BAIL APPLICATION NO. 516 OF 2025 Vivek Pal alias Gaurav Pal and Another ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Deep Chandra Joshi, Advocate with Mr. Pankaj Semwal, Advocate. Counsel for the Respondent : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 146 of 2025, registered at Police Station Ramnagar, District Nainital under Section 108 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. Deep Chandra Joshi, learned counsel for the applicants and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent. 3. Mr. Deep Chandra Joshi, Advocate, submitted that as per the present case, the deceased Sonu, the brother of the informant, wanted to marry the applicant no.2. Applicant no.1 is the brother of the applicant 1 2025:UHC:5430 no.2. Applicant no.2 did not want to marry him. Therefore, the deceased committed suicide by hanging on 05.05.2025. 4. Mr. Deep Chandra Joshi, Advocate contended that the said allegations are completely false. There is no evidence on the record that the applicants had instigated or provoked the deceased to commit suicide. Therefore, the offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023 is not made out. Applicants have no criminal antecedents. They are permanent residents of District Nainital, therefore, there is no chance of their absconding. They were granted interim bail on 21.05.2025, and, the conditions of the interim bail have not been violated by them. 5. Mr. G.S. Sandhu, Additional Advocate General has opposed the anticipatory bail application orally. 6. 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. 7. Having heard the submissions of learned counsel for the parties and keeping in view of the facts 2 2025:UHC:5430 and circumstances of the case, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 21.05.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Vivek Pal alias Gaurav Pal and Shilpi Pal alias Shaili, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:- (i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment; (iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iv) Applicants shall not leave the country without the previous permission of the trial court. 8. It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Date:26.06.2025 JKJ/Pant 3