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2025 DAILYLAW 8865 (UTT)

KAPIL v. STATE OF UTTARAKHAND

ABA/778/2025 · 2025-09-26

Alok Kumar Verma

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8751 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 26TH SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO.778 of 2025 Kapil and Another .....Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Bilal Ahmed, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, Assistant Government Advocate assisted by Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 230 of 2025, registered at Kotwali Roorkee, District Haridwar under Sections 179, 180 and Section 181 of the Bharatiya Nyaya Sanhita, 2023. 2. The police team apprehended the co- accused Baleshwar alias Bali. The police recovered fake currency of Rs.500/-(Rupees Five Hundred) of two bundles total Rs.1,00,000/-(Rupees One Lakh) from his possession. He was arrested. He confessed his guilt. He disclosed the name of co-accused Himanshu and 1 2025:UHC:8751 Manish Kumar. The police recovered fake currency of Rs.2.50 Lakh from the co-accused Himanshu and fake currency of Rs.2.50 lakh from the co-accused Manish Kumar. The co-accused Himanshu and Manish Kumar confessed their guilt and disclosed the name of the present applicants. 3. Heard Mr. Bilal Ahmed, learned counsel for the applicants and Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent. 4. Mr. Bilal Ahmed, Advocate, contended that the present applicants have been falsely implicated by the co-accused Himanshu and Manish Kumar. Applicants are not convicted persons. Applicant no.1 is a permanent resident of District Karnal, Haryana and the applicant no.2 is a permanent resident of District Hisar, Haryana, therefore, there is no possibility of their absconding. 5. Mr. Pratiroop Pandey, learned Assistant Government Advocate, has opposed the anticipatory bail application. However, he submitted that apart from the statements of the co-accused Himanshu and Manish Kumar, no other evidence has been found against the present applicants. 6. Personal liberty under Article 21 of the 2 2025:UHC:8751 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, 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 applicants Kapil and Deepak, 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, 3 2025:UHC:8751 acquainted with the facts of this case; (iv) Applicants shall not leave the country without the previous permission of the trial court. 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:26.09.2025 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=6f1c15b6305912b3f008e9a4a8038e e7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F 32DE6BA960BFE64D819EE44CA9CCE487B2F E0F92, cn=NEHA BISHT Date: 2025.09.26 18:06:15 +05'30'