I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

21^STJULY, 2025 ANTI CI PATORY BAI L APPLI CATI ON NO. 531 OF 2025 Faheem Ahmad and Others ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Basant Singh, Advocate, holding brief of Mr. Harshpal Sekhon, Advocate.

Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder.

Counsel for the Informant and : Mr. Yogesh Upadhyay, Victim Advocate.

Hon’ble Alok Kumar Verma,J.

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No.205 of 2025, registered at Police Station Jaspur, District Udham Singh Nagar under Sections 115(2), 123, 351(2), 352, 85 of the Bharatiya Nyaya Sanhita, 2023, Section 3 and Section 4 of the Dowry Prohibition Act, 1961.

2. According to the First Information Report dated 15.05.2025, the applicant - Zubeda Begam, aged about 68 years, is the mother-in-law of the informant’s sister. Applicant - Nazma Khatoon, aged about 43 years, is the sister-in-law (Nanad) of the informant’s sister. They harassed the informant’ sister for demand of dowry. On 14.05.2025, they beat the informant’s sister and her husband poisoned her.

3. Heard Mr. Basant Singh, learned counsel for the applicants, Mr. Pradeep Lohani, learned Brief Holder for the State and Mr. Yogesh Upadyaya, learned counsel for the informant and victim.

4. Counter affidavit is taken on record.

5. Learned counsel appearing for the applicants submitted that the marriage of the alleged victim was solemnized with her husband Faheem Ahmad on 17.03.2021. They never harassed her for any demand of dowry. They have been falsely implicated in the present matter. When the husband of the alleged victim came back home for lunch, the alleged victim complained of uneasiness. Munish Alam, the doctor, was called. He checked the pulses and B.P. Both were normal. However, the brother of the alleged victim took her to the hospital. She was checked by the doctors of the Government Hospital. At that time, her pulses and B.P. were normal. The husband of the alleged victim was granted anticipatory bail on 14.07.2025 in the Second Anticipatory Bail ApplicationNo.21 of 2025. At that time, the alleged victim was also present before this Court. Applicants are permanent residents of District Udham Singh Nagar, therefore, there is no chance of their absconding. They were granted interim bail on 21.05.2025, and, the conditions of the interim bail have not been violated by them.

6. Learned counsel for the State andlearned counsel for the informant & victim 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 21.05.2025, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Zubeda Khatoon and Nazma Khatoon, 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 thetrial 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 leav