Ritik And Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

An FIR (No.95 of 2025) was registered at Police Station Khatima, District Udham Singh Nagar under Sections 324, 351(2), 352 and Section 69 of the Bharatiya Nyaya Sanhita, 2023.

As per the FIR, the applicant no.1 – Ritik under the pretext of marriage established physical relationship with the informant on multiple occasions at various places and the other accused supported him.

Heard Mr. Deep Prakash Bhatt, learned counsel for the applicants, Mr. Chitrarth Kandpal, learned Brief Holder for the respondent no.1 and Mr. Ankush Kumar Tyagi, learned counsel for respondent no.2.

Mr. Deep Prakash Bhatt, Advocate, contended that there was no relationship between the applicant no.1 and the informant. Remaining applicants are the family members/relatives of the applicant no.1. Applicants have no criminal antecedents. They are permanent residents of District Udham Singh Nagar, therefore, there is no possibility of their absconding. They were granted interim bail on 20.03.2025, and, the conditions of the interim bail have not been violated by them.

Mr. Chitrarth Kandpal, learned Brief Holder and Mr. Ankush Kumar Tyagi, Advocate, have 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 Application, filed for anticipatory bail, is allowed and order dated 20.03.2025, granting interim bail to the applicants, are made absolute. It is directed that in the event of arrest of the applicants Ritik, Viresha Devi, Raman Lal, Jyoti, Binu, Deepak alias Dipu, Manoj, Sonu, Rakhi and Sapna, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

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

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

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

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