Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2151 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
25th MARCH, 2025
ANTICIPATORY BAIL APPLICATION NO. 33 of 2025
Vikesh Kumar Aggarwal
…Applicant
Versus
State of Uttarakhand
…Respondent
Counsel for the Applicant : Mr. Rajat Mittal,
Advocate.
Counsel for the Respondent : Mr. Pradeep Lohani, Brief
Holder.
Hon’ble Alok Kumar Verma,J.
The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant seeking anticipatory bail under Sections 120B, 406, 420 and Section 506 of the Indian Penal Code, 1860 in Case Crime No.122 of 2023, registered at Police Station Dalanwala, District Dehradun.
2.
Heard Mr. Rajat Mittal, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.
3.
Mr. Rajat Mittal, Advocate, for the applicant submitted that the arrest of the applicant was stayed during the course of the investigation. The present
2025:UHC:2151 2 dispute is purely civil in nature. Applicant is not a previous convict. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is a permanent resident of District Dehradun, therefore, there is no chance of his absconding, and, he was granted interim bail on 09.01.2025, and, the conditions of the interim bail were not misused by him.
4.
Learned counsel for the State has opposed the anticipatory bail application.
5.
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.
6.
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 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and order dated 09.01.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant- Vikesh Kumar Aggarwal, he shall be released
2025:UHC:2151 3 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;
(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.
7.
It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the investigating agency will be free to move the Court for cancellation of the anticipatory bail.
___________________ ALOK KUMAR VERMA, J.
Dt: 25.03.2025 Pant/