2025:UHC:2399 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 2ND APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO. 688 of 2024 Himanshu and Another …Applicants Versus State of Uttarakhand …Respondent Counsel for the Applicants : Mr. Faizan Ali, Advocate holding brief of Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : Mr. G.S. Sandhu, Additional Advocate General. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No.352 of 2024, registered at Police Station Gangnahar, District Haridwar. 2. As per the FIR dated 09.07.2024, on 08.07.2024, due to a dispute with regard to drainage, the applicants entered into the house of the informant, abused and threatened him and his mother and attacked them. 3. Heard Mr. Faizan Ali, learned counsel for the applicants and Mr. G.S. Sandhu, Additional Advocate General for the State. 4. Mr. G.S. Sandhu, Additional Advocate General, on instructions, submitted that the investigation is pending under Sections 74, 115(2), 333, 351(3) and Section 352 of 2025:UHC:2399 2 the Bharatiya Nyaya Sanhita, 2023. 5. Mr. Faizan Ali, Advocate, submitted that there was a small dispute of neighbourers. The applicants have no criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding, and, the applicants were granted interim bail on 30.07.2024 and the conditions of the interim bail have not been misused by them. 6. Mr. G.S. Sandhu, Additional Advocate General, has opposed the anticipatory bail application. 7. 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. 8. 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 Anticipatory Bail Application is allowed and the order dated 30.07.2024, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants, namely Himanshu and Subhash Saini, 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 2025:UHC:2399 3 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. 9. 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: 02.04.2025 Shiv/