HIGH COURT OF UTTARAKHAND
AMIT SINGH LUNTHI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
BA1 1894 / 2025
Office Notes, reports, orders or proceedings SL.
Date or directions COURT’S OR JUDGE’S ORDERS No.
and Registrar’s order with Signatures BA1 No.1894 of 2025 Hon’ble Alok Mahra, J.
Ms. Laybanoor and Mr. Amit Kapri, Advocates for the applicant.
Mr. V.S. Pal, A.G.A. for the State of Uttarakhand.
2. This first bail application has been moved by the applicant seeking regular bail in F.I.R./Case Crime No.96 of 2025, under Section 108 of B.N.S., 2023, registered at Police Station Thana Kotwali Pithoragarh, District Pithoragarh.
3. The F.I.R. lodged by the father of the deceased under Sections 3/4 of the Dowry Prohibition Act and Section 80(2) of the Bharatiya Nyaya Sanhita, 2023, alleges harassment by the applicant and his mother for dowry demands, culminating in the deceased consuming poison on 31.07.2025. Notably, post-investigation, the applicant's mother stands exonerated, with charges confined to the applicant alone.
4. Learned counsel for the applicant argued that the implication is false, the applicant having remained in judicial custody since 18.09.2025. The marriage on 26.11.2023 stemmed from mutual love, but misunderstandings arose due to the applicant's employment in Delhi while the deceased resided with her mother in a village at Pithoragarh. No dowry demand ever occurred. Critically, the prosecution narrative lacks any eyewitness to the incident, and nothing on record indicates the applicant's actions instigated the suicide. WhatsApp transcripts, extending only up to 29.07.2025, three days prior to the incident, reveal no motive or provocation sufficient to drive the deceased to such an extreme step. The applicant assures non-misuse of liberty, full cooperation with investigation/trial, and compliance with bonds/sureties.
5. Learned counsel for the State opposes bail vehemently.
6. Heard learned counsel for the parties and perused the material available on record. A perusal of the WhatsApp chat transcripts exchanged between the deceased and the applicant would indicate that the conversations are available only up to 29.07.2025. Even from the contents of the said chats, no such circumstance or provocation is discernible which could reasonably be said to have instigated or compelled the deceased to take the extreme step of consuming poison and ending her life. The material placed on record, at this stage, does not prima facie disclose any direct act of instigation or intentional aid on the part of the applicant so as to attract the ingredients of the alleged offence. It is also noteworthy that the alleged transcripts are of a period nearly three days prior to the unfortunate incident. Further, the applicant has been in judicial custody since 18.09.2025.
7. Having regard to the nature of the allegations, the material collected during investigation, as aforesaid, the period of incarceration already undergone by the applicant, and without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant has made out a fit case for grant of bail at this stage. Accordingly, the bail application deserves to be allowed.
8. The bail application is allowed.
9. Let the applicant, namely, Amit Singh Lunthi be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court.
(Alok Mahra, J.)
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