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2025 DAILYLAW 7646 (UTT)

MOHIT KUMAR v. STATE OF UTTARAKHAND

ABA/658/2025 · 2025-07-08

Alok Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5861 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 08th JULY, 2025 ANTICIPATORY BAIL APPLICATION NO. 658 of 2025 Mohit Kumar … Applicant Versus State of Uttarakhand … Respondent Counsel for the Applicant : Mr. Mohd. Matlub, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant seeking anticipatory bail in Case Crime No. 177 of 2024, registered at Police Station Ramnagar, District Nainital under Sections 323, 376, 504 and Section 506 of the Indian Penal Code, 1860. 2. As per the First Information Report dated 18.05.2024, there was a relationship between the informant and the applicant for about five years. He established physical relations with her on multiple occasions under the pretext of marriage. Now, he refused to marry. 3. Heard Mr. Mohd. Matlub, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Mohd. Matlub, Advocate, submitted that the applicant and the informant were friends. They were 1 2025:UHC:5861 major. The relationship between them was consensual. He never promised to marry with the informant. He is a permanent resident of District Nainital, therefore, there is no possibility of his absconding. He does not have any criminal antecedents. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 5. Mr. Pradeep Lohani, Brief Holder, 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Mohit Kumar, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment; 2 2025:UHC:5861 (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) 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: 08.07.2025 Shiv/ 3