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2025:UHC:7533
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
26th AUGUST, 2025
ANTICIPATORY BAIL APPLICATION NO.694 of 2025
Abhay Kashyap and Others
.....Applicants
Versus
State of Uttarakhand and Another ..…Respondents
Counsel for the Applicants : Mr. Akshay Pradhan,
Advocate.
Counsel for the Respondent : Mr. Tumul Nainwal, No.1
Assistant Government
Advocate assisted by
Mr. Chitrarth Kandpal,
Brief Holder.
Counsel for the Respondent : Mr. Gaurav Singh,
No.2
Advocate.
Hon’ble Alok Kumar Verma,J.
This Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 150 of 2025, registered at Police Station Kankhal, District Haridwar under Sections 314, 323, 376, 506 of the Indian Penal Code, 1860 and Section 3 (1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2.
Applicant no.1 is the husband of the informant. Applicant no.2 is the mother-in-law of the 1
2025:UHC:7533 informant. Applicant no.3 is the father-in-law of the informant. Applicant no.4 is the sister of applicant no.1, and, applicant no.5 is the husband of the applicant no.4.
3.
Heard Mr. Akshay Pradhan, learned counsel for the applicants, Mr. Tumul Nainwal, learned Assistant Government Advocate for respondent no.1 and Mr. Gaurav Singh, learned counsel for respondent no.2.
4.
The respondent no.2-informant/victim is present in-person. She is identified by Mr. Gaurav Singh, Advocate. The respondent no.2 submitted that she is living with her husband, the applicant no.1. Therefore, she does not want to oppose the anticipatory bail application.
5.
The applicants were granted interim bail on 27.06.2025, and, the conditions of interim bail have not been violated by them.
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:7533 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 27.06.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Abhay Kashyap, Smt. Lakshmi, Arvind Kashyap, Smt. Pragya and Nithesh, 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. 3
2025:UHC:7533
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.
Dt:26.08.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e 018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE 64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.08.26 18:10:05 +05'30'