Nitin Mehra vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant - Nitin Mehra seeking anticipatory bail in Case Crime No.102 of 2025, registered at Police Station Ranipur, District Haridwar under Sections 376(2)(n), 504 and Section 506 of the Indian Penal Code, 1860.

As per the FIR dated 10.03.2025, the applicant offered cold drink to the informant on 14.09.2023. She became unconscious after taking the cold drink. The applicant had had physical relations with her in that condition. He told her that he will marry her, but he later denied.

Heard Mr. Narendra Bali, learned counsel for the applicant, Mr. Chitrarth Kandpal, learned Brief Holder for the respondent and Mr. Ravindra S. Rawat, learned counsel for the informant.

Mr. Narendra Bali, Advocate, submitted that the applicant has been falsely implicated by the informant, aged about 29 years. The informant tried to establish physical relations with the applicant by calling him to her house, but the applicant somehow saved himself. The applicant had apprehension that the informant can implicate him in a false case, therefore, he sent representations dated 01.03.2025 to the District Magistrate and S.S.P. Haridwar. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he was granted interim bail on 05.04.2025, and, the conditions of the interim bail have not been violated by him.

Mr. Chitrarth Kandpal, Brief Holder for the respondent has opposed the anticipatory bail application. However, he submitted that charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation of the applicant. Mr. Ravindra S. Rawat, Advocate for the informant has also opposed the anticipatory bail application.

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 05.04.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Nitin Mehra, 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 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.

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