2025:UHC:1289 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 24th FEBRUARY, 2025 ANTICIPATORY BAIL APPLICATION NO. 1208 of 2024 Deepchand Saini and Smt. Siyadevi …Applicants Versus State of Uttarakhand …Respondent Counsel for the Applicants : Mr. Gaurav Singh, Advocate through video conferencing. Counsel for the Respondent : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bharadwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for grant of Anticipatory Bail under Section 80(2) of the Bharatiya Nyaya Sanhita, 2023 in case bearing FIR No.391 of 2024, registered at Police Station Gangnahar, District Haridwar. 2. Heard Mr. Gaurav Singh, learned counsel for the applicants through video conferencing and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bharadwaj, learned Brief Holder for the State. 2025:UHC:1289 2 3. Mr. Gaurav Singh, Advocate, submitted that the applicants are father-in-law and mother-in-law of the deceased. It is not a case of dowry death. The deceased was appearing in various competitive examinations. Last result of the competitive examination was declared on 21.07.2024. She was frustrated because she could not clear competitive examinations. Therefore, on 03.08.2024, she committed suicide. 4. Mr. Gaurav Singh, Advocate, has further submitted that arrest of the applicants was stayed during the course of the investigation. Charge-sheet has already been filed in the present matter, therefore, there is no chance of tampering with the evidence. Applicants are permanent residents of District Haridwar, therefore, there is no likelihood of their absconding. 5. Mr. G.S. Sandhu, learned Additional Advocate General for the State, has opposed the Anticipatory Bail Application orally. 6. Vide order dated 05.12.2024, the applicants were granted interim bail by the Coordinate Bench. The relevant paragraph reads as under:- Having considered the submissions, as an ad interim measure, till the next date of listing, in the eventuality of arrest, the applicants 2025:UHC:1289 3 shall be released on bail subject to their furnishing a personal bond and two reliable sureties, each in the like amount, to the satisfaction of the court concerned, subject to the following:- (i) The applicants shall not approach any witness in any manner, whatsoever. (ii) They shall not leave the country without prior permission of the concerned court. (iii) They shall deposit their passports with the court concerned. The passport may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the court concerned. (iv) The applicants shall also give an undertaking on (i) & (ii) above. 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 application, filed under Section 482 of the Bharatiya Nagarik Suraksha 2025:UHC:1289 4 Sanhita, 2023, is allowed and order dated 05.12.2024, granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants, namely, Deepchand Saini and Smt. Siyadevi, 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 attend the trial court regularly and they shall not seek any unnecessary adjournment; (ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) Applicants shall not leave the country without the previous permission of the trial court. 9. It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt: 24.02.2025 Pant/