2025:UHC:7030 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/860/2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Lata Negi, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned AGA for the State. 3. The present applicant “Smt. Naazra, wife of Shri Saleem” is praying for bail in relation to First Information Report dated 19.07.2024 bearing FIR No. 187 of 2024, Police Station – Kotwali Kotdwar, District – Pauri Garhwal. 4. This FIR was investigated and charge sheet was filed against one Ashraf for the offences punishable under Section 103 (3) (5), 352 BNS, 2023, however, present applicant and her husband – Saleem Ahmad were exonerated but subsequently summoned under Section 319 Cr.P.C. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, which is evident from the fact that in this FIR, final report was submitted by exonerating the applicant and her husband, however, on an application moved by the PW2 and PW3 under Section 319 Cr.P.C. present applicant and her husband were summoned by the trial court. She further submits that there is no sufficient material against the present applicant. She has further placed before this Court report of Incharge Superintendent, District Jail, Pauri Garhwal dated 04.08.2025 and submits that the Gynaecologist advised to the applicant to go for surgery for bartholin cyst. She further submits that applicant is praying for regular bail on the ground that she is woman and house wife and deserves for privilege. She further submits that applicant is languishing in jail since 28.04.2025. 6. On the other side, Mr. Siddharath Bisht, learned AGA have not disputed the letter of Incharge Superintendent, District Jail, Pauri Garhwal wherein it is mentioned that the 2025:UHC:7030 Gynaecologist advised to the applicant to go for surgery for bartholin cyst. He further submits that applicant is a house wife, therefore, she may be given privilege of proviso to Section 437 Cr.P.C. (Section 480 of BNSS). 7. After hearing the arguments of learned counsel for the parties and further taking into consideration that applicant is a woman house wife and furthermore, after investigation, applicant was exonerated but she has been summoned under Section 319 Cr.P.C. and furthermore, as per letter of letter of Incharge Superintendent, District Jail, Pauri Garhwal the Gynaecologist advised to the applicant to go for surgery for bartholin cyst, this Court is of the view that the applicant deserves for bail. 8. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 9. Let the applicant “Smt. Naazra, wife of Shri Saleem” be released on bail on furnishing her personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 11.08.2025 SKS 2025:UHC:7030