ABA/178/2025 of KHILENDRA Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 6[th] MARCH, 2025

ANTICIPATORY BAIL APPLICATION NO.178 of 2025

Khilendra

State of Uttarakhand

..…Applicant

Versus

..…Respondent

Counsel for the Applicant : Mr. Avidit Noliyal, Advocate.

Counsel for the State

: Mr. Pradeep Lohani, Brief Holder.

Hon’ble Alok Kumar Verma,J.

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant seeking anticipatory bail under Sections 274, 275, 318(4) of the Bharatiya Nyaya Sanhita, 2023, Sections 60, 62, 63 and Section 72 of the United Provinces Excise Act, 1910 (as applicable in the State of Uttarakhand) in case Crime No. 34 of 2025, registered at Police Station Kashipur, District Udham Singh Nagar.

2.As per the FIR, police party recovered fake illegal liquor of different types from the possession of

2025:UHC:1551

the co-accused Harpal and co-accused Pradeep Kumar Kashyap on 15.01.2025. Both of them told the police party that they and Khilendra (applicant) had prepared the said illegal liquor.

3. Heard Mr. Avidit Noliyal, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.

4.Mr. Avidit Noliyal, Advocate, submitted that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. His name has come into light in the statements of the co-accused. Applicant is not previous convict. He is permanent resident of Moradabad, U.P., therefore, there is no likelihood of his absconding.

5. Mr. Pradeep Lohani, Brief Holder, has submitted on instruction, received from the Investigating Officer, that apart from the statements of co-accused, no other evidence has been found against the present applicant during the investigation. However, investigation is going on.

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, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicant Khilendra, he shall be released on anticipatory bail on executing 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

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

8.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.

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ALOK KUMAR VERMA, J.

Dt:06.03.2025 Shiv/