2025:UHC:9171 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 14thOCTOBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 619 of 2025 Saiful and Another .....Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mohd. Safdar, 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 for anticipatory bail has been filed by the applicant Amjad in Case Crime No. 139 of 2025, registered at Police Station Jhabrara, District Haridwar. The investigation is pending for the offence under Section 309(4) and Section 318(2) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the First Information Report dated 02.05.2025, two persons went to the informant’s house at about 10:30 a.m. on 29.04.2025 to sell carpets. They hypnotized his wife and mother and ran away with gold earrings of his wife. 3. Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent. 4. Even after availing sufficient opportunity to 1 2025:UHC:9171 file objection, objection has not been filed by the State. 5. Mr. Mohd. Safdar, Advocate contended that the applicant has been falsely implicated in this matter. He was not involved in the said offence. He is a permanent resident of District Muzaffarnagar, (Uttar Pradesh), therefore, there is no possibility of his absconding. He has not been convicted, and, he was granted interim bail on 17.06.2025, and the conditions of interim bail has not been violated by him. 6. Mr. G.S. Sandhu, Additional Advocate General has opposed the anticipatory bail application orally. 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 17.06.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest 2 2025:UHC:9171 of the applicant Amjad, 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. 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:14.10.2025 Nahid 3