Usha Devi v. State of Uttarakhand

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

10th JANUARY, 2026

ANTICIPATORY BAIL APPLICATION NO. 06 OF 2026

Usha Devi and Another

..... Applicants

Versus

State of Uttarakhand

..…Respondent

Counsel for the Applicants : Ms. Shumayla Zafri, Advocate & Ms.

Lubhna Jahan, Advocate.

Counsel for the Respondent : Mr. Pradeep Lohani, Brief

Holder.

Hon'ble Alok Kumar Verma,J.

This Application has been filed for anticipatory bail in Case Crime No.262 of 2025, registered at Kotwali Kotdwar, District Pauri Garhwal under Sections 132, 191(2), 191(3), 190, 3(5), 351(2), 352, 109, 61(2), Section 126(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 of the Uttarakhand Prevention of Defacement of Public Property Act, 2003.

2.

The Anticipatory Bail Application (No.02 of 2026) of the applicants has been rejected by learned Additional Sessions Judge, Kotdwar, District Pauri Garhwal on

06.01.2026.

3.

According to the First Information Report dated

23.10.2025, Sanjay, Ved Prakash and Ashish Dabral were detained by the police on 22.10.2025 under Section 172 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Applicant

and others attempted to rescue them from the custody of the police. They threw stones on the police and damaged a Government vehicle.

4.

Heard Ms. Shumayla Zafri, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

5.

Ms. Shumayla Zafri, Advocate, has contended that the applicants have been falsely implicated by the police. They were not involved in the said offence. Eighteen co-accused have already been granted bail by this Court and five co-accused have been granted anticipatory bail by this Court in Anticipatory Bail Application No.1271 of 2025.

6.

Mr. Pradeep Lohani, Brief Holder, has opposed the anticipatory bail application orally.

7.

Personal liberty under Article 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, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Usha Devi and Tanu Radha, 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.

9.

It is clarified 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.

Date: 10.01.2026 Pant/