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HIGH COURT OF UTTARAKHAND
RADHA – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
ABA 67 / 2025
SL. N o .
D a t e
Of f i ce N o t e s, r e p o r t s, o r d e r s o r p r o ce e d i n g s o r d i r e ct i o n s a n d Re g i st r a r ’ s o r d e r w i t h Si g n a t u r e s
COURT’ S OR JUD GE’ S ORD ERS
H ABA No. 67 of 2025 on’ble Rakesh Thapliyal, J. 1. Mr. Nandan Arya, learned counsel for the applicants. 2. Mr. Sandeep Sharma, learned A.G.A. for the State. 3. The instant anticipatory bail application has been moved by the applicants seeking anticipatory bail in relation to a First Information Report dated 12.12.2024 bearing FIR No. 0609 of 2024 P.S. Rudrapur, District Udham Singh Nagar, wherein, one Santosh Kumar and other one Aman Chaudhary @ Aman Quereshi were implicated for the offences punishable under Sections 318(4), 319 of BNS, 2023 r/w Section 3/5 of Uttarakhand freedom of Religion Act, 2018 P.S. Rudrapur, District Udham Singh Nagar. 4. It is contended by the learned counsel for the applicants that the son of the applicant married with the sister of the complainant and it was an arrange marriage and before marriage two months back ring ceremony was also solemnized and during this period no objection was raised that the son of the applicant belongs to a different religion and this fact was very well known to the complainant and the victim and that is the reason the marriage was an arranged marriage. He further submits that soon after marriage applicant no. 2 gives an affidavit dated 11.12.2024, wherein, he stated that they belongs to a Muslim community and undertakes that no physical and mental harm will be caused to the daughter-in-law Smt. Menka Kohli the victim and further undertakes that they will not force the daughter- in-law in any manner either physically or mentally to convert her to other religion and she will be free to follow hindu religion with full freedom and will not interfere in her religious faith. 5. He submits that the present applicant always cooperate with the investigation and taking into consideration such cooperation the
Coordinate Bench on 10.02.2025 granted interim protection and as such the interim protection granted by the Coordinate Bench be made absolute. Learned counsel for the applicants further submits that both the applicants are aged persons and senior citizens and applicant no. 2 is heart patient, therefore, keeping in view of their age the applicants be enlarged on anticipatory bail. 6. On the other side, the State counsel filed their objections and submits that after collecting all credible evidences and thorough investigation the chargesheet has been filed. He submits that the marriage was solemnized as per the Hindu custom and rites, but in fact the applicant no. 2, who is the husband of applicant no. 1 belongs to the Muslim community, which itself is evident from the affidavit of the applicant no. 2 and that is his admission that he belongs to Muslim community and therefore, solemnizing the marriage as per the hindu custom and rites itself reveals that this fact was not disclosed to the family of the victim that they belongs to the different religion. 7. Apart from this, he submits that this is the anticipatory bail application and when the interim protection was granted by the Coordinate Bench the investigation was going on, but now after completion of the investigation and after collecting all credible evidences the chargesheet has been filed and as such there is no any scope of any such anticipation since the investigation comes to its logical conclusion, therefore, the applicants are not entitled to get the anticipatory bail. 8. On the other side, M
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