Uttarakhand High Court

Raj Kumar v. State of Uttarakhand

2026:UHC:5259 · ABA/255/2026

Decision date
2026-07-02
Text availability
Full text
Judges
Alok Mahra

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

Connected provisions and cases

No further provision or case links are recorded.

Judgment text

UKHC010111672026 2026:UHC:5259 Office Notes, reports, orders or proceedingsSL. Date or directions COURT’S OR JUDGE’S ORDERSNo. and Registrar’s order with Signatures ABA/255/2026 Raj Kumar --Applicant Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Mohit Kumar Kashyap, Advocate for the applicant. Mr. S.C. Dumka, A.G.A. and Mr. Nikhil Bisht, Brief Holder for the State of Uttarakhand. 2. Applicant seeks anticipatory bail in connection with F.I.R. No.0058 of 2026, under Section 351(3), 352, 64 of B.N.S., 2023 and Section 3/4 of Dowry Prohibition Act, registered at Police Station Ramnagar, District Nainital. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that the entire family of the applicant has been arrayed as accused in the F.I.R. He further submits that even if the allegations contained in the F.I.R. are taken at their face value, the complainant herself has stated that she had been in a relationship with the applicant for more than three years. It is further alleged in the F.I.R. that the family members of the applicant had visited the complainant’s house, sought two years’ time for solemnization of the marriage, and allegedly demanded ₹2,00,000/- in cash UKHC010111672026 2026:UHC:5259

and a car as dowry. Learned counsel submits that both the applicant and the complainant are majors and that any physical relationship, if at all established between them, was purely consensual. It is further argued that the allegations are omnibus in nature, the investigation is substantially documentary in character, and no custodial interrogation of the applicant is warranted. 4. Having considered the rival submissions advanced by learned counsel for the parties, perused the material available on record, and without expressing any opinion on the merits of the case, this Court is of the prima facie view that the applicant has made out a case for grant of anticipatory bail. At this stage, the allegations are yet to be tested during the course of investigation, and nothing has been brought on record to indicate that custodial interrogation of the applicant is indispensable for the purposes of a fair and effective investigation. The applicant has expressed willingness to cooperate with the investigation and there is no material to indicate that he is likely to abscond or tamper with the prosecution evidence. Accordingly, this Court is of the opinion that the applicant deserves to be extended the protection of anticipatory bail, subject to such conditions as may be imposed. 5. The anticipatory bail application is allowed.

6. In that eventuality of arrest, the Applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the Applicant shall also comply with the UKHC010111672026 2026:UHC:5259 following conditions:-(i). The Applicant shall co-operate with the investigation. (ii). The Applicant shall not approach any witness in any manner, whatsoever. (iii). The Applicant shall not leave the country without prior permission of the concerned court. (iv). The Applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case, the Applicant does not have passport, he shall give an undertaking to that effect to the AO. (v). The Applicant shall also give an undertaking on (i), (ii) & (iii) above. (Alok Mahra, J.) 02.07.2026 Arpan by COURTARPAN OF JAISWALUTTARAKHAND, ou=HIGH COURT OF ARPAN postalCode=263001, st=UTTARAKHAND, cn=ARPAN JAISWAL DigitallyDN:UTTARAKHAND,2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393398f9fe45ba3e,serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4DF04AADAA2C2CEA66,Date:c=IN,2026.07.02signedo=HIGH 16:37:36 +05'30' JAISWAL