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2026 DAILYLAW 3347 (UTT)

ANSHUL SINGH v. STATE OF UTTARAKHAND

BA1/2049/2025 · 2026-04-17

Alok Mahra

body2026

Judgment text

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2026:UHC:2757 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.2049 of 2025 Hon’ble Alok Mahra, J. Dr. Kartikey Hari Gupta and Ms. Irum Zeba, Advocates for the applicant. Mr. Akshay Latwal, A.G.A. for the State of Uttarakhand. Ms. Aishwarya Thapliyal, Advocate, holding brief of Mr. Abhishek Verma, Advocate for the complainant. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.0341 of 2025, under Sections 80(1), 80(2) and 103(1) of B.N.S., 2023, registered at Police Station Jaspur, District Udham Singh Nagar. 3. An F.I.R. has been lodged by the complainant alleging that his daughter was married to the applicant on 26.04.2024 and, after about one year of marriage, certain matrimonial disputes arose between them. It is stated that on 08.06.2025, the deceased returned to her parental home and thereafter, on 06.08.2025, she committed suicide by hanging. The allegation in the F.I.R. is that the applicant and his family members were persistently demanding a sum of ₹20,00,000/- as dowry and, on account of non-fulfilment of the said demand, they subjected the deceased to cruelty and harassment, which ultimately drove her to take the extreme step. Initially, the F.I.R. was lodged against the applicant as well as his parents; however, upon completion of investigation, charge-sheet has been submitted only against the applicant 2026:UHC:2757 under Sections 80(1) and 80(2) of the B.N.S., and at the stage of framing of charge, an alternative charge under Section 103(1) of the B.N.S. has also been incorporated. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated and has no criminal antecedents. It is further submitted that the applicant has been in judicial custody since 22.09.2025. It is contended that during the subsistence of marriage, no complaint whatsoever was ever made by the deceased or her family members alleging any demand of dowry or harassment on that account. The allegations, it is argued, have surfaced only after the unfortunate death of the deceased, with an oblique motive to implicate and harass the applicant. It is further submitted that the essential ingredients to attract the offences alleged, particularly the element of instigation or cruelty of such a nature as would drive a person to commit suicide, are not prima facie made out from the material available on record. 5. Attention of this Court has been drawn to the suicide note allegedly left by the deceased, a bare perusal of which does not prima facie disclose any allegation of dowry demand or harassment by the applicant or his family members. The absence of any such allegation in the suicide note, which is a contemporaneous document, casts a doubt on the prosecution version and weakens the nexus between the alleged acts of the applicant and the extreme step taken by the deceased. 6. On the other hand, learned State 2026:UHC:2757 Counsel has opposed the prayer for bail. 7. Having regard to the facts and circumstances of the case, the nature of allegations, the period of incarceration already undergone by the applicant and the fact that the suicide note does not prima facie support the allegation of dowry-related harassment, the case appears to be one where further custodial detention of the applicant may not be warranted. The evidence, being primarily documentary and already collected during investigation, is not likely to be tampered with, and there is no material to indicate that the applicant would flee from justice or influence the witnesses. 8. Accordingly, without expressing any opinion on the ultimate merits of the matter, this Court is of the considered view that the applicant has made out a case for grant of bail at this stage. The bail application is allowed. 9. Let the applicant-Anshul Singh be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 17.04.2026 Arpan