I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

22^nd 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 Kumar Verma,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 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 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

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