Gurvinder Rathi v. State of Uttarakhand

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

THE HON'BLE SRI JUSTI CE ALOK KUMAR VERMA

1 2 TH DECEMBER, 2 0 2 5

SECOND ANTI CI PATORY BAI L APPLI CATI ON NO.5 4 of 2 0 2 5

Gurvinder Rathi

.....Applicant

Versus

State of Uttarakhand

..…Respondent

Counsel for the Applicant : Mr. Aditya Pratap

Singh, Advocate.

Counsel for the Respondent : Mrs. Sweta Badola

Dobhal, Brief Holder.

Hon 'ble Alok Ku m ar Ver m a,J.

This Application has been filed for anticipatory bail in Case Crime No.101 of 2020, registered at Kotwali Roorkee, District Haridwar. A charge-sheet has been filed against the applicant under Sections 307, 506 and Section 120B of the Indian Penal Code, 1860. 2 .

An Anticipatory Bail Application (No.1182 of 2025) was filed by the applicant. He was granted liberty to file anticipatory bail application before the Sessions Court (Annexure No.1). Learned I st Additional Sessions Judge, Roorkee, District Haridwar has rejected the anticipatory bail application of the applicant on

12.11.2025.

3 .

According to the First Information Report dated 30.01.2020, on 29.01.2020, Rampal Kashyap, the uncle of the informant was coming back after closing his shop. The named accused Rajat Sharma opened fire on his uncle which hit his back and his head. 4 .

Heard Mr. Aditya Pratap Singh, learned counsel for the applicant and Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent. 5 .

Mr. Aditya Pratap Singh, Advocate, contended that the applicant was not named in the First Information Report. He has been falsely implicated by the Investigating Officer during the course of the investigation. On 29.01.2020, he was in Prayagraj, Uttar Pradesh. He was not arrested during the investigation. He was granted interim protection by this Court in Writ Petition No.370 of 2020. He is not a convicted person. He is a permanent resident of District Meerut, Uttar Pradesh, therefore, there is no possibility of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 6 .

Mrs. Sweta Badola Dobhal, learned Brief Holder, has opposed the anticipatory bail application

orally. 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. It is directed that in the event of arrest of the applicant Gurvinder Rathi, 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 .

In case of breach of any of the above

conditions, the Prosecution Agency will be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

_ _ _ _ _ _ __ _ _ _

ALOK KUMAR VERMA, J.

Dt: 12.12.2025 Neha

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

2.5.4.20=6f1c15b6305912b3ftiti 8e9a4a8038ee7326b08b2dtieti 18b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB 9677068452F32DE6BA960BFE6 4D819EE44CA9CCE487B2FE0F9 2, cn=NEHA BISHT Date: 2025.12.12 18:35:29 +05'30'