I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

03^rd SEPTEMBER, 2025

ANTI CI PATORY BAI L APPLI CATI ON NO. 463 OF 2025

Smt. Kaushalya Devi and Others ..... Applicants

Versus

State of Uttarakhand ..…Respondent

Counsel for the Applicants : Mr. B.M. Pingal, Advocate.

Counsel for the Respondent : Mr. Sandeep Sharma, Assistant

Government Advocate.

Counsel for the Informant : Mr. Ravi Bisht, Advocate.

Hon’ble Alok Kumar Verma,J.

The present Application has been filed by the

applicants seeking anticipatory bail in Case Crime No. 152 of 2025, registered at Police Station Bazpur, District Udham Singh Nagar under Section 3(5) and Section

80(2) of the Bharatiya Nyaya Sanhita, 2023.

2. As per the First Information Report dated 28.04.2025, the informant’s sister, namely, Rajni Yadav alias Rakhi was married to Naresh Yadav, co-accused, on 11.12.2019. Her in-laws harassed her, demanding Rs.10,00,000/- in dowry. His sister died by consuming

poison on 26.04.2025.

3. Heard Mr. B.M. Pingal, learned counsel for the applicants, Mr. Sandeep Sharma, learned Assistant Government Advocate for the respondent and Mr. Ravi

Bisht, learned counsel for the informant.

4. Mr. Sandeep Sharma, Advocate for the respondent has informed on instructions that applicant no.2-Dinesh Kumar and applicant no.3-Smt. Kamlesh Devi have been exonerated by the Investigating Officer during the course of the investigation. Charge-sheet has been filed against the applicant no.1, mother-in-law of the deceased.

5. Mr. B.M. Pingal, Advocate, contended that the applicant no.1, aged about 63 years, has been falsely implicated in the present matter. The husband of the deceased has already been granted regular bail by the Coordinate Bench of this Court in First Bail Application No.1270 of 2025. Applicant was granted interim bail on 13.05.2025, and, the conditions of the interim bail have not been violated by her.

6. Mr. Sandeep Sharma, Assistant Government Advocate for the respondent and Mr. Ravi Bisht, Advocate for the informant, have opposed the anticipatory bail application.

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 of the case, the present Anticipatory Bail Application is allowed and the order dated 13.05.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Smt. Kaushalya 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 attend the trial court regularly and she shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

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

9. It 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: 03.09.2025 Shiv/