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2025 DAILYLAW 13220 (UTT)

FARJANA v. STATE OF UTTARAKHAND

ABA/1211/2024 · 2025-01-03

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No.1211 of 2024 Farjana ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. K.S. Rautela with Mr. Amit Kapri, Advocates for the applicant. Ms. Rangoli Purohit, Brief Holder for the State. Mr. Bilal Ahmed, Advocate for the informant through video conferencing. Hon’ble Ravindra Maithani, J. (Oral) Applicant seeks anticipatory bail in Case Crime No.444 of 2024, under Section 304B IPC, Police Station Bhagwanpur, District Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, after the marriage, the deceased was harassed and tortured by her in-laws including the applicant. Finally, the deceased consumed poison on 01.06.2024. 4. Learned counsel for the applicant would submit that he would refer to the dying declaration in which the deceased has stated that she had a fight with the applicant, who is the mother-in-law and subsequently, she consumed poison. 2 5. It is argued that the deceased has not stated that she was ever harassed and tortured for and in connection with the demand of dowry. 6. Learned State Counsel admits that in her statement, the deceased had not stated any demand of dowry. But, it is stated by her that she had a fight with the applicant and thereafter, she consumed poison. 7. Having considered the entirety of facts, this Court is of the view that it is a fit case for anticipatory bail. The instant anticipatory bail application deserves to be allowed. 8. The anticipatory bail application is allowed. 9. In the eventuality of arrest, the applicant shall be enlarged on bail subject to her furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions: (i) The applicant shall co-operate with the investigation. (ii) She shall not approach any witness in any manner, whatsoever. 3 (iii) She shall not leave the country without prior permission of the concerned court. (iv) The applicant shall deposit her passport with the AO. The passports may only be returned by the order of the court concerned. In case, the applicant does not have passport, she shall give an undertaking to that effect to the AO. (v) The applicant shall also give an undertaking on (i), (ii) & (iii) above. (Ravindra Maithani, J) 03.01.2025 Ravi