2025:UHC:6043 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 14th JULY, 2025 ANTICIPATORY BAIL APPLICATION NO. 554 OF 2025 Jogindra ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Ms. Sadaf, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate with Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant Jogindra seeking anticipatory bail in Case Crime No. 187 of 2025, registered at Kotwali Roorkee, District Haridwar under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the FIR dated 17.05.2025, the age of the informant’s daughter was 17 years. 3. Heard Ms. Sadaf, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Ms. Sadaf, Advocate, contended that the applicant has been falsely implicated in this matter. Applicant and the alleged victim were engaged in the presence of parents of both the parties and the said 1 2025:UHC:6043 ceremony was captured in the camera. She has filed the positive photographs of the ceremony. She further submitted that the alleged victim is residing with her uncle (Chacha). Applicant has no criminal antecedents. He is a permanent resident of District Amroha, Uttar Pradesh, therefore, there is no likelihood of his absconding. He was granted interim bail on 09.06.2025, and, the conditions of the interim bail have not been violated by him. 5. Mr. Tumul Nainwal, Assistant Government Advocate for the respondent, on instructions, submitted that the statements of the victim have been recorded under Section 180 and Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, wherein, she has supported the case of the applicant. However, he 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 and circumstances of the case, without commenting on 2 2025:UHC:6043 the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 09.06.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Jogindra, 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; (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. 8. 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: 14.07.2025 Shiv/ 3