Nipendra Kumar vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This Application has been filed by the applicant Nipendra Kumar for anticipatory bail in Case Crime No. 157 of 2025, registered at Police Station Jaspur, District Udham Singh Nagar under Sections 316(2), 316(5), 318(4), 336(3), 338, 340(2) and Section 61(2) of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report dated 01.05.2025, the applicant told the informant that he would get Rs.1,00,000/- in Sukanya Vivah Yojna. In this regard, he illegally took Rs.50,000/- from him (informant).

Heard Mr. M.S. Pal, learned Senior Advocate for the applicant, Mr. Pradeep Lohani, learned Brief Holder for the respondent nos. 1 & 2 and Mr. Mohit Kumar Kashyap, learned counsel for the respondent no.3.

Mr. M.S. Pal, learned Senior Advocate and Mr. Mohit Kumar Kashyap, learned counsel for the respondent no.3 submitted that respondent no.3 and the applicant have filed a compounding application before the coordinate Bench.

Mr. M.S. Pal, learned Senior Advocate further submitted that the applicant was granted interim bail on 22.05.2025 and the conditions of interim bail have not been violated by him.

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.

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 22.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Nipendra Kumar, he shall be released 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

(iv) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.