Dhana Devi v. State of Uttarakhand

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

11th MARCH, 2026

ANTICIPATORY BAIL APPLICATION NO. 220 OF 2025

Smt. Dhana Devi

..... Applicant

Versus

State of Uttarakhand and Another ..…Respondents

Counsel for the Applicant

: Mr. D.S. Mehta, Advocate.

Counsel for the Respondent : Mr. Pratiroop Pandey, No.1.

Assistant Government

Advocate.

Hon'ble Alok Kumar Verma,J.

This Application has been filed by the applicant-Smt. Dhana Devi for anticipatory bail in Case Crime No.7 of 2025, registered at Police Station Didihat, District Pithoragarh under Section 108 of the Bharatiya Nyaya Sanhita, 2023.

2.

According to the First Information Report, the applicant is the wife of the deceased. She was living separately from him. The deceased was harassed by his wife, his wife's sister and daughter of his wife's sister. On

18.02.2025, he committed suicide by taking tablet of sulphaz.

3.

Heard Mr. D.S. Mehta, learned counsel for the applicant and Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent no.1.

4.

Respondent no.2 is not present.

5.

Copy of the report of Forensic Science Laboratory has not been filed.

6.

Mr. D.S. Mehta, Advocate has contended that the applicant was not residing with her husband at the time of the incident. She has been falsely implicated in the present matter. She had never provoked, incited or encouraged the deceased to commit suicide. Therefore, no offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023 is made out against the applicant. She was granted interim bail on

03.03.2025 and the conditions of interim bail have not been violated by her, and, she is a permanent resident of District Pithoragarh.

7.

Mr. Pratiroop Pandey, Assistant Government Advocate, has opposed the anticipatory bail application.

8.

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.

9.

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 Anticipatory Bail Application is allowed and the order dated 03.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Smt. Dhana Devi, she

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 cooperate with the Investigating Agency and she shall make herself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall

attend the trial court regularly and she shall not

seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make

any inducement, threat or promise to any person,

acquainted with the facts of this case.

(iv) Applicant shall not leave the country without the previous permission of the trial court.

¶10It is made clear that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

___________________

ALOK KUMAR VERMA, J.

Date: 11.03.2026 pant/