Sameer vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed for anticipatory bail in Case Crime No. 233 of 2025, registered at Kotwali Dehradun, District Dehradun under Section 376 and Section 506 of the Indian Penal Code, 1860.

According to the First Information Report dated 25.06.2025, the informant got acquainted with the applicant a year ago. They became friends. One day, he took her to a hotel for lunch. He mixed some intoxicant into her food and raped her. He also made a video of her.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Gaurav Singh, Advocate, contended that the applicant and the informant were friends, but, the allegations of the FIR are totally false. Applicant has no criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no chance of his absconding. He was granted interim bail on 04.07.2025, and, the conditions of interim bail have not been misused by him.

Mr. Pradeep Lohani, Brief Holder has opposed the anticipatory bail application. However, he submitted that the said video has not been found yet.

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 04.07.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant-Sameer, 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.