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2025 DAILYLAW 5682 (UTT)

SAROJANI v. STATE OF UTTARAKHAND

ABA/423/2025 · 2025-07-14

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:6085 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 14th JULY, 2025 ANTICIPATORY BAIL APPLICATION NO. 423 OF 2025 Smt. Sarojani ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Tapan Singh, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant-Smt. Sarojani (the wife of the deceased) seeking anticipatory bail under Section 108 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.117 of 2025, registered at Kotwali Roorkee, District Haridwar. 2. As per the First Information Report dated 04.04.2025, the deceased committed suicide by hanging on 10.03.2025. 3. Heard Mr. Tapan Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Tapan Singh, Advocate contended that the marriage of the applicant was solemnized with the deceased on 03.02.2012. One daughter was born on 1 2025:UHC:6085 12.01.2014. The informant (mother-in-law of the present applicant) started quarrel with the applicant and her husband after one year of the birth of the first daughter. Therefore, the applicant and her husband started to live in a rented house. On 17.02.2019, another daughter was born. They were living peacefully in a rented house for the last 10 years. Her husband was working in Dubai. He came from Dubai on 26.01.2025. He visited his mother three times and when he returned back from the house of his mother, he remained upset. 5. Mr. Tapan Singh, Advocate, further submitted that the applicant has no criminal antecedents. She is a permanent resident of District Haridwar, therefore, there is no chance of her absconding, and, she was granted interim bail on 28.04.2025, and the conditions of the interim bail have not been violated by her. 6. Mr. Pradeep Lohani, Brief Holder, has opposed the anticipatory bail application. However, he submitted that the statements of two daughters of the applicant and the deceased were recorded during the course of the investigation and as per the statements of the daughters, aged about 6 years and 11 years, 2 2025:UHC:6085 there was no dispute between the applicant and the deceased. 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 28.04.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Smt. Sarojani, 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 cooperate with the Investigating Agency and she shall make herself available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and she shall not seek any unnecessary adjournment; (iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. 3 2025:UHC:6085 (iv) 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. Dt: 14.07.2025 Shiv/ 4