##PAGE1##

2025:UHC:11461

I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

22nd DECEMBER, 2025

ANTI CI PATORY BAI L APPLI CATI ON NO.669 of 2025

Bhupender and Another .....Applicants

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicants : Mr. Rishab Ranghar, Advocate.

Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder.

Hon’ble Alok Kum ar Verm a,J.

This Application has been filed for anticipatory

bail in Case Crime No.202 of 2025, registered at Police

Station Nehru Colony, District Dehradun under Sections

376(2)(n) and Section 506 of the Indian Penal Code,

1860.

2. As per the First Information Report dated

27.05.2025, the informant is a divorcee. She met the

applicant in the year, 2017. On the pretext of marriage,

he established physical relationship. Now, he denied to

marry her.

3. Heard Mr. Rishab Ranghar, learned counsel for

the applicants and Mr. Pradeep Lohani, learned Brief

Holder for the respondent.

4. Mr. Rishab Ranghar, Advocate, has contended

that the informant and the applicant no.1 were in

1

2025:UHC:11461

relationship for more than nine years, but, he never

promised to marry her. There was consensual

relationship between them. Every consensual

relationship cannot be given a colour of a false pretext to

marry. A breach of a promise to marry only constitutes

an offence if the accused had no intention of marrying

from the beginning. The informant is an adult woman of

sound understanding. The controversy can be

determined only at trial. Applicant no.1 has no criminal

antecedents. Applicant no.2 is the mother of applicant

no.1. Applicants are permanent residents of District

Dehradun, therefore, there is no possibility of their

absconding. Charge-sheet has already been filed,

therefore, there is no chance of tampering with the

evidence, and, the applicants were granted interim bail

on 17.07.2025, and, the conditions of the interim bail

have not been violated by them.

5. Mr. Pradeep Lohani, Brief Holder, has opposed

the anticipatory bail application.

6. 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.

7. Having heard the submissions of learned

2

2025:UHC:11461

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 17.07.2025,

granting interim bail to the applicants, is made absolute.

It is directed that in the event of arrest of the applicants

Bhupender and Smt. Baijanti Devi, 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 attend the trial court regularly

and they shall not seek any unnecessary

adjournment;

(ii) Applicants shall not directly or indirectly

make any inducement, threat or promise to any

person, acquainted with the facts of this case;

(iii) Applicants shall not leave the country

without the previous permission of the trial

court.

8. 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.

___________________

ALOK KUMAR VERMA, J.

Date: 22.12.2025

Shiv/

3