2025:UHC:9327 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16TH OCTOBER, 2025 SECOND ANTICIPATORY BAIL APPLICATION NO.25 of 2025 Rahul Kumar and Others .....Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Sushil Kumar, Advocate holding brief of Mr. Gaurav Singh, Advocate Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed for anticipatory bail in Case Crime No. 139 of 2025, registered at Police Station Gangnahar, District Haridwar under Section 85 and Section 352 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. Sushil Kumar, learned counsel holding brief of Mr. Gaurav Singh, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for respondent. 3. Mr. Sushil Kumar, Advocate submitted that the applicants were granted interim bail in the First 1 2025:UHC:9327 Anticipatory Bail Application No.399 of 2025. But, after the interim bail, the applicants could not contact his counsel, therefore, the said anticipatory bail application was dismissed on 09.05.2025 for want of prosecution. 4. Applicant no.1 is the husband of the informant. Applicant no.2, applicant no.3 and applicant no.4 are the father, mother and brother of the applicant no.1. 5. Mr. Sushil Kumar, Advocate, submitted that all the allegations in the FIR are false and baseless. Applicant no.1 has filed a petition against the informant under Section 9 of the Hindu Marriage Act, 1955. Applicants were granted interim bail on 30.07.2025. The conditions of interim bail have not been violated by them. 6. As per the report of the Registry, notice has been served personally on the informant. Informant is not present. 7. Mr. Pradeep Lohani, learned Brief Holder has opposed the anticipatory bail application. 8. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes 2 2025:UHC:9327 imperative according to the peculiar facts and circumstances of the case. 9. 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 30.07.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Rahul Kumar, Mohan Singh, Seema Singh and Pankaj Kumar, 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. 10. It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, 3 2025:UHC:9327 the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Date:16.10.2025 Nahid 4