Rahul Ahuja vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant Rahul Ahuja seeking anticipatory bail in Case Crime No. 15 of 2025, registered at Police Station Barkot, District Uttarkashi under Sections 323, 376 and Section 504 of the Indian Penal Code, 1860.

As per the First Information Report dated 22.04.2025, the applicant under the pretext of marriage established physical relationship with the informant on multiple occasions at various places.

Heard Mr. Rajat Mittal, learned counsel for the applicant and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Mr. Rajat Mittal, Advocate, submitted that both, the applicant & the informant, are major and the physical relationship was consensual. Applicant is still ready to marry the informant.

Mr. Rajat Mittal, Advocate, further submitted that applicant is a permanent resident of District Dehradun, therefore, there is no possibility of his absconding. He does not have any criminal antecedents. He was granted interim bail on 22.05.2025, and, the conditions of the interim bail have not been violated by him.

Mr. Chitrarth Kandpal, Brief Holder, has 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 22.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Rahul Ahuja, 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.