Rahul Kum ar v. St at e of Ut t arakhand and Anot her

: Ms. Am reen Bano, Advocat e holding brief of Ms. Medha Pande, Advocat e. Counsel for t he Respondent s : Mr. Tum ul Nainwal, Assist ant Governm ent Advocat e assist ed by Mr. Chit rart h Kandpal, Brief Holder. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present Applicat ion has been filed by t he applicant- Rahul Kum ar seeking ant icipat ory bail in FI R No.125 of 2024, regist ered at Police St at ion Shyam pur, Dist rict Haridwar. 2 . The First Ant icipat ory Bail Applicat ion ( No.928 of 2025) was dism issed as wit hdrawn on

21.08.2025 grant ing libert y t o t he applicant t o file afresh ant icipat ory bail applicat ion. 3 . According t o t he First I nform at ion Report dat ed 20.11.2024, t he police recovered 29 gm sm ack 1 ( Heroin) t he possession of t he co- accused Shant anu Kum ar Saini on 20.11.2024. As per t he respondent s, t he co- accused t old t he police t hat t he recovered sm ack was given t o him by t he present applicant ; t he m ot orcycle used t o deliver t he recovered sm ack was given t o him by t he applicant and t he co- accused and t he present applicant t alked on t he phone. 4 . Heard Ms. Am reen Bano, learned counsel for t he applicant and Mr. Tum ul Nainwal, learned Assist ant Governm ent Advocat e for respondent s. 5 . Ms. Am reen Bano, Advocat e, cont ended t hat t he co- accused t ook t he applicant ’s m ot orcycle from him but he did not know for what purpose t he co- accused would use his m ot orcycle. The co- accused and t he applicant knew each ot her, t herefore, t hey t alked on t he phone. Apart from t he said circum st ances, t here is no ot her evidence against t he applicant . Applicant was not arrest ed during t he course of t he invest igat ion. He was grant ed relief in a Writ Pet it ion, filed under Art icle 226 of t he Const it ut ion of I ndia t o quash t he First I nform at ion Report . Now, charge- sheet has been filed against t he applicant under Sect ion 29 of t he Narcot ic Drugs and Psychot ropic Subst ances Act , 1985, t herefore, t here is no chance of t am pering wit h t he 2 evidence. Applicant is not a convict ed person. He is a perm anent resident of Dist rict Bij nor, Ut t ar Pradesh, t herefore, t here is no possibilit y of his absconding. 6 . Mr. Tum ul Nainwal, learned Assist ant Governm ent Advocat e, on inst ruct ion, has opposed t he ant icipat ory bail applicat ion orally. 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 of t he case, t he present Applicat ion, filed for ant icipat ory bail, is allowed. I t is direct ed t hat in t he event of arrest of t he applicant Rahul Kum ar, he 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 , t o t he sat isfact ion of t he Arrest ing Officer, subj ect t o t he following condit ions: - ( i) Applicant shall at t end t he t rial regularly and he shall not seek any unnecessary adj ournm ent ; ( ii) Applicant shall not direct ly or indirect ly m ake 3 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 shall not leave t he count ry wit hout t he previous perm ission of t he t rial court . 9 . I t is m ade clear t hat if t he applicant m isuses or violat es any of t he condit ions, im posed upon him , 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. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 28.08.2025 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT 4