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2026 DAILYLAW 7152 (UTT)

PAYARA SINGH RATHOR v. STATE OF UTTARAKHAND

ABA/235/2026 · 2026-06-18

Alok Mahra

body2026

Judgment text

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UKHC010106722026 2026:UHC:5025 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA/235/2026 Payara Singh Rathor --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J. Mr. Rajat Mittal, Advocate for the applicant. Mr. Pankaj Kumar Joshi, A.G.A. for the State of Uttarakhand. 2. Applicant-Payara Singh Rathor seeks anticipatory bail in connection with F.I.R. No.0311 of 2025, under Section 323, 376, 506 of I.P.C., registered at Police Station, Doiwala, District Dehradun. 3. As per the allegations contained in the F.I.R., the applicant is alleged to have established physical relations with the complainant since the year 2021 on the false promise of marriage while concealing the fact that he was already married. It is further alleged that the applicant took the complainant to Nainital, where a marriage ceremony was purportedly performed in a Shiv Mandir. Thereafter, when the complainant insisted that the marriage be solemnized publicly and formally, the applicant allegedly avoided the matter on one pretext or another. Subsequently, the complainant is stated to have discovered that the applicant was already married and was the father of two children. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated. It is contended that prior to UKHC010106722026 2026:UHC:5025 lodging of the present F.I.R., the complainant had submitted several complaints containing substantially the same allegations before different authorities, including the Senior Superintendent of Police, Dehradun, the Hon'ble Chief Minister of Uttarakhand, the State Women Commission, Dehradun, and the District Magistrate, Dehradun. According to the applicant, inquiries conducted on those complaints did not substantiate the allegations made by the complainant. It is further submitted that the applicant and the complainant became acquainted, as they were residing in the same locality and the complainant used to impart dance lessons to the applicant's daughter. In such circumstances, it is argued that the allegation that the applicant had concealed his marital status is inherently improbable, as the parties were well known to each other and had interacted closely over a considerable period of time. It is, therefore, prayed that the applicant be granted the benefit of anticipatory bail. 5. Having considered the submissions advanced by learned counsel for the parties and without expressing any opinion on the merits of the case, this Court finds that the relationship between the parties is stated to have subsisted since the year 2021. The applicant has placed reliance upon the fact that prior complaints containing similar allegations were inquired into by various authorities and were not found substantiated. The applicant and the complainant were admittedly acquainted with each other for a considerable period and the allegations are primarily founded upon circumstances requiring detailed investigation and appreciation of evidence. The applicant has no criminal antecedents brought to the notice of this Court and has expressed willingness to cooperate with the investigation. In the facts and circumstances of the case, custodial interrogation of the applicant does not appear necessary at this stage. Accordingly, the applicant is entitled to the protection of UKHC010106722026 2026:UHC:5025 anticipatory bail. 6. The anticipatory bail application is allowed. 7. In that eventuality of arrest, the Applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the Applicant shall also comply with the following conditions:- (i). The Applicant shall co-operate with the investigation. (ii). The Applicant shall not approach any witness in any manner, whatsoever. (iii). The Applicant shall not leave the country without prior permission of the concerned court. (iv). The Applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case, the Applicant does not have passport, he shall give an undertaking to that effect to the AO. (v). The Applicant shall also give an undertaking on (i), (ii) & (iii) above. (Alok Mahra, J.) 18.06.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7 393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446 351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.06.18 15:53:37 +05'30'