I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

07^TH OCTOBER, 2025

ANTI CI PATORY BAI L APPLI CATI ON NO.155 of 2025

Mohit Kumar .....Applicant

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicant : Mr. Gaurav Singh,

Advocate.

Counsel for the Respondent : Mr. Pradeep Lohani,

Brief Holder.

Counsel for the Informant : Mr. Dharmesh Kumar,

Advocate.

Hon’ble Alok Kumar Verma,J.

This Application has been filed by the

applicant-Mohit Kumar for anticipatory bail in Case Crime No.496 of 2024, registered at Police Station Ranipur, District Haridwar under Section 376(2)(n) of

the Indian Penal Code, 1860.

2. According to the First Information Report dated 02.12.2024, the applicant came close to the informant and established physical relations with her under the pretext of marriage. But, subsequently, he

refused to marry her.

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

for the respondent and Mr. Dharmesh Kumar, learned counsel for the informant.

4. Mr. Gaurav Singh, Advocate, submitted that there was love relationship between the applicant and the prosecutrix, aged about 25 years. The said relationship was broken and, thereafter, the informant with the intention of putting undue pressure on the applicant, concocted a false story and has lodged the First Information Report, whereas the applicant had never promised to marry her and the relationship between them was consensual in nature. The said allegations of the prosecutrix can be tested only at the time of trial.

5. Mr. Gaurav Singh, Advocate, further submitted that the applicant has no criminal antecedents. He is a permanent resident of District Muzaffarnagar, Uttar Pradesh, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, applicant was granted interim bail on 17.02.2025, and the conditions of interim bail have not been misused by him.

6. Mr. Pradeep Lohani, Brief Holder and Mr. Dharmesh Kumar, Advocate, have opposed the anticipatory bail application.

7. 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.

8. 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 17.02.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Mohit Kumar, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iii) Applicant shall not leave the country without the previous permission of the trial court.

9. 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.

___________________ ALOK KUMAR VERMA, J.

Dt:07.10.2025 Neha NEHA BISHT Digitaly signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee

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0F92, cn=NEHA BISHT Date: 2025.10.07 18:53:22 +05'30'