Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6859
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
05th AUGUST, 2025
ANTICIPATORY BAIL APPLICATION NO.576 of 2025
Rahul Kumar Upadhyay
.....Applicant
Versus
State of Uttarakhand and Others ..…Respondents
Counsel for the Applicant : Mr. Mani Kumar,
Advocate with Mr. Deep Prakash Bhatt,
Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, No.1
Brief Holder. Counsel for the Victim
: Mr. Saurabh Kumar
Pandey, Advocate. Hon’ble Alok Kumar Verma,J.
This Application has been filed by the applicant-Rahul Kumar Upadhyay seeking anticipatory bail in Case Crime No.124 of 2024, registered at Police Station Raiwala, District Dehradun under Sections 120B, 323, 344, 346, 347, 367, 374, 420 and Section 506 of the Indian Penal Code, 1860. 2. As per the First Information Report dated 05.06.2024, Vidhan Gautam, the brother of the informant, and his seven friends were assured of jobs in Thailand. Jai Joshi, the named accused, took their 1
2025:UHC:6859 screening test through video call. They were taken to Bangkok on 21.05.2024. Seven days later, Vidhan Gautam’s WhatsApp call was received. He told that they have been kept in a room at an unknown place. He informed that two hundred persons have been held hostage there, including seventy Indians. Ten of these are residents of Uttarakhand. 3. Heard Mr. Mani Kumar, learned counsel for applicant, Mr. Pradeep Lohani, learned Brief Holder for respondent no.1 and Mr. Saurabh Kumar Pandey, learned counsel (through video conferencing) for victim. 4. Mr. Vidhan Gautam, the brother of the informant and the victim, is present through video conferencing. He is identified by Mr. Saurabh Kumar Pandey, Advocate. 5. Mr. Vidhan Gautam, the victim and the brother of the informant, has submitted that the applicant Rahul Kumar Upadhyay was not involved in the present offence. 6. Mr. Mani Kumar, Advocate, submitted that the applicant is not a convicted person. He is a permanent resident of District Udham Singh Nagar, therefore, there is no possibility of his absconding. 2
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7. Mr. Pradeep Lohani, learned Brief Holder, has opposed the anticipatory bail application. 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.
It is directed that in the event of arrest of the applicant Rahul Kumar Upadhyay, 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. 3
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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:05.08.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2 d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA96 0BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.08.05 18:00:19 +05'30'