Ankush Gum ber and Ot hers v. St at e of Ut t arakhand

: Mr. Pradeep Lohani, Brief Holder. Counsel for t he I nform ant : Mr. Pooran Singh Rawat , Advocat e. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. This Applicat ion has been filed by t he applicant s seeking ant icipat ory bail in Case Crim e No. 117 of 2025, regist ered at Police St at ion Kiccha, Dist rict Udham Singh Nagar. 2 . Heard Mr. Vipul Sharm a, learned counsel for t he applicant s, Mr. Pradeep Lohani, learned Brief Holder for respondent and Mr. Pooran Singh Rawat , learned counsel for t he inform ant . 3 . Mr. Pradeep Lohani, learned Brief Holder, subm it t ed on inst ruct ions t hat t he charge- sheet has t he offence under Sect ions 115( 2) , 351( 2) , 352 of t he Bharat iya Nyaya Sanhit a, 2023, Sect ion 3( 1) ( r) and Sect ion 3( 1) ( s) of t he Scheduled 1 Cast es and t he Scheduled Tribes ( Prevent ion of At rocit ies) Act , 1989. 4 . Mr. Vipul Sharm a, Advocat e, cont ended t hat t he allegat ions of t he respondent s are t ot ally groundless. I t has not been disclosed in t he First I nform at ion Report t hat t he inform ant- vict im is a m em ber of Scheduled Cast es or t he Scheduled Tribes. The said offences of t he Scheduled Cast es and t he Scheduled Tribes ( Prevent ion of At rocit ies) Act , 1989 are not m ade out . He has relied upon a j udgm ent of t he Hon’ble Suprem e Court in “ Go r i g e Pe n t a i a h Vs. St a t e o f A n d h r a Pr a d e sh a n d Ot h e r s” , ( 2 0 0 8 ) 1 2 SCC 5 3 1 . 5 . Mr. Vipul Sharm a, Advocat e, furt her subm it t ed t hat applicant s crim inal ant ecedent s. They are perm anent resident s of Dist rict Udham Singh Nagar, t herefore, t here is no possibilit y of t heir absconding. Charge- sheet has already been filed, t herefore, t here is no chance of t am pering wit h t he evidence. Applicant s were grant ed int erim bail on

29.04.2025, and, t he condit ions of int erim bail have not been violat ed by t hem . 6 . Mr. Pradeep Lohani, Brief Holder and Mr. Pooran Singh Rawat , Advocat e, have opposed t he ant icipat ory bail applicat ion. 2 7 . Personal libert y under Art icle 21 of t he Const it ut ion of I ndia is very precious fundam ent al right it should be curt ailed only when it becom es im perat ive according t o t he peculiar fact s and circum st ances of t he case. 8 . Having heard t he subm issions of learned counsel for t he part ies and keeping in view of t he fact s and circum st ances of t he case, wit hout com m ent ing on t he m erit s or dem erit s of t he case, t he present Applicat ion, filed for ant icipat ory bail, is allowed and order dat ed 29.04.2025, grant ing int erim bail t o t he applicant s, are m ade absolut e. I t is direct ed t hat in t he event of arrest of t he applicant s Ankush Gum ber, Sagar Gum ber, Prem Lal Gum ber and Madan Lal, t hey shall be released on ant icipat ory bail on execut ing a personal bond of Rs. 30,000/ - and t wo reliable suret ies, each of t he like am ount , by each one of t hem , t o t he sat isfact ion of t he Arrest ing Officer, subj ect t o t he following condit ions: - ( i) Applicant s shall at t end t he t rial court regularly and t hey shall not seek any unnecessary adj ournm ent ; ( ii) Applicant s shall not direct ly or indirect ly m ake any inducem ent , t hreat or prom ise t o any person, acquaint ed wit h t he fact s of t his case; ( iii) Applicant s shall not leave t he count ry wit hout 3 t he previous perm ission of t he t rial court . 9 . I t is m ade clear t hat if t he applicant s m isuse or violat e any of t he condit ions, im posed upon t hem , t he prosecut ion agency will be free t o m ove t he Court for cancellat ion of t he ant icipat ory bail. 1 0 . I t is m ade clear t hat t he fact s, produced by t he part ies, and t he argum ent s of learned counsel for t he part ies have been considered solely for t he purpose of deciding t his ant icipat ory bail applicat ion. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 03.09.2025 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038 ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452 F32DE6BA960BFE64D819EE44CA9CCE487B2 FE0F92, cn=NEHA BISHT 4