Rahul Rawat vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This Application has been filed by the applicant Rahul Rawat for anticipatory bail in Case Crime No. 48 of 2025, registered at Police Station Mukhani, District Nainital under Sections 118(1), 126(2), 324(2), 351(3) and Section 352 of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report, on 11.02.2025 at around 10:30 p.m., the co-accused Ukku Thakur and some unknown persons beat the informant and broke his helmet.

Heard Mr. D.S. Mehta, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent No.1.

Mr. D.S. Mehta, Advocate, contended that the applicant is not named in the First Information Report. He has been falsely implicated in the present matter. He was not present on the spot. He is a permanent resident of District Nainital, therefore, there is no chance of his absconding. He has no criminal antecedents. He was granted interim bail on 25.02.2025, and, the conditions of the interim bail have not been violated by him. He further submitted that co-accused Ukku Thakur has been granted bail by the District Court.

Mr. G.S. Sandhu, Additional Advocate General, has opposed the anticipatory bail application. However, he submitted that the main accused Ukku Thakur was arrested. The name of the present applicant has come to light in the statements of the co-accused Ukku Thakur.

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 25.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Rahul Rawat, 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.