Uttarakhand High Court
Ankush Gumber And Others ... vs State Of Uttarakhand on 3 September, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
2025:UHC:7836
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
03rd SEPTEMBER, 2025
ANTICIPATORY BAIL APPLICATION NO.400 of 2025
Ankush Gumber and Others .....Applicants
Versus
State of Uttarakhand .....Respondent
Counsel for the Applicants : Mr. Vipul Sharma,
Advocate.
Counsel for the State : Mr. Pradeep Lohani, Brief
Holder.
Counsel for the Informant : Mr. Pooran Singh Rawat,
Advocate.
Hon'ble Alok Kumar Verma,J.
This Application has been filed by the
applicants seeking anticipatory bail in Case Crime No.
117 of 2025, registered at Police Station Kiccha, District
Udham Singh Nagar.
2. Heard Mr. Vipul Sharma, learned counsel for
the applicants, Mr. Pradeep Lohani, learned Brief Holder
for respondent and Mr. Pooran Singh Rawat, learned
counsel for the informant.
3. Mr. Pradeep Lohani, learned Brief Holder,
submitted on instructions that the charge-sheet has
been filed for the offence under Sections 115(2),
351(2), 352 of the Bharatiya Nyaya Sanhita, 2023,
Section 3(1)(r) and Section 3(1)(s) of the Scheduled
2025:UHC:7836
Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
4. Mr. Vipul Sharma, Advocate, contended that
the allegations of the respondents are totally
groundless. It has not been disclosed in the First
Information Report that the informant-victim is a
member of Scheduled Castes or the Scheduled Tribes.
The said offences of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989
are not made out. He has relied upon a judgment of
the Hon'ble Supreme Court in "Gorige Pentaiah Vs.
State of Andhra Pradesh and Others", (2008) 12
SCC 531.
5. Mr. Vipul Sharma, Advocate, further
submitted that applicants have no criminal
antecedents. They are permanent residents of District
Udham Singh Nagar, therefore, there is no possibility of
their absconding. Charge-sheet has already been filed,
therefore, there is no chance of tampering with the
evidence. Applicants were granted interim bail on
29.04.2025, and, the conditions of interim bail have not
been violated by them.
6. Mr. Pradeep Lohani, Brief Holder and Mr.
Pooran Singh Rawat, Advocate, have opposed the
anticipatory bail application.
2025:UHC:7836
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 or demerits of the case, the present
Application, filed for anticipatory bail, is allowed and
order dated 29.04.2025, granting interim bail to the
applicants, are made absolute. It is directed that in the
event of arrest of the applicants Ankush Gumber, Sagar
Gumber, Prem Lal Gumber and Madan Lal, 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
2025:UHC:7836
the previous permission of the trial court.
9. 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.
10. It is made clear that the facts, produced by
the parties, and the arguments of learned counsel for
the parties have been considered solely for the purpose
of deciding this anticipatory bail application.
___________________
ALOK KUMAR VERMA, J.
Dt:03.09.2025
Neha
NEHA
BISHT
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ee7326b08b2d0e018b01be753f014836d27,
postalCode=263001, st=UTTARAKHAND,
serialNumber=3D89DC33779FB9677068452
F32DE6BA960BFE64D819EE44CA9CCE487B2
FE0F92, cn=NEHA BISHT
Date: 2025.09.03 19:00:59 +05'30'
