Abhay Kashyap And Others … vs State Of Uttarakhand And Another on 26 August, 2025

Uttarakhand High Court

Abhay Kashyap And Others … vs State Of Uttarakhand And Another on 26 August, 2025

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                                                    2025:UHC:7533



     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                  26th AUGUST, 2025
     ANTICIPATORY BAIL APPLICATION NO.694 of 2025

Abhay Kashyap and Others                         .....Applicants

                            Versus

State of Uttarakhand and Another              .....Respondents

Counsel for the Applicants          :    Mr. Akshay Pradhan,
                                         Advocate.
Counsel for the Respondent          :    Mr. Tumul Nainwal,
No.1                                     Assistant Government
                                         Advocate assisted by
                                         Mr. Chitrarth Kandpal,
                                         Brief Holder.

Counsel for the Respondent          :    Mr. Gaurav Singh,
No.2                                     Advocate.


Hon'ble Alok Kumar Verma,J.

This Application has been filed by the

applicants seeking anticipatory bail in Case Crime No.

150 of 2025, registered at Police Station Kankhal,

District Haridwar under Sections 314, 323, 376, 506 of

the Indian Penal Code, 1860 and Section 3 (1)(x) of the

Scheduled Castes and the Scheduled Tribes (Prevention

of Atrocities) Act, 1989.

2. Applicant no.1 is the husband of the

informant. Applicant no.2 is the mother-in-law of the

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informant. Applicant no.3 is the father-in-law of the

informant. Applicant no.4 is the sister of applicant

no.1, and, applicant no.5 is the husband of the

applicant no.4.

3. Heard Mr. Akshay Pradhan, learned counsel

for the applicants, Mr. Tumul Nainwal, learned Assistant

Government Advocate for respondent no.1 and Mr.

Gaurav Singh, learned counsel for respondent no.2.

4. The respondent no.2-informant/victim is

present in-person. She is identified by Mr. Gaurav

Singh, Advocate. The respondent no.2 submitted that

she is living with her husband, the applicant no.1.

Therefore, she does not want to oppose the

anticipatory bail application.

5. The applicants were granted interim bail on

27.06.2025, and, the conditions of interim bail have not

been violated by them.

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

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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

27.06.2025, granting interim bail to the applicants, are

made absolute. It is directed that in the event of arrest

of the applicants Abhay Kashyap, Smt. Lakshmi, Arvind

Kashyap, Smt. Pragya and Nithesh, 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 cooperate with the

Investigating Agency and they shall make

themselves available for interrogation by a police

officer as and when required;

(ii) If the charge-sheet is filed, the applicants

shall attend the trial court regularly and they shall

not seek any unnecessary adjournment;

(iii) Applicants shall not directly or indirectly make

any inducement, threat or promise to any person,

acquainted with the facts of this case;

(iv) Applicants shall not leave the country without

the previous permission of the trial court.

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2025:UHC:7533

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.

Dt:26.08.2025
Neha

Digitally signed by NEHA BISHT
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

NEHA BISHT
COURT OF UTTARAKHAND,
2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e
018b01be753f014836d27, postalCode=263001,
st=UTTARAKHAND,
serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE
64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT
Date: 2025.08.26 18:10:05 +05’30’

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