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2026 DAILYLAW 3787 (UTT)

POOJA VISHWAS v. STATE OF UTTARAKHAND

BA1/572/2026 · 2026-04-28

Ashish Naithani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21. BA] SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:3184 (Delay Condonation Appl. No.01 of 2026) In BA1 No.572 of 2026 Pooja Vishwas Vs. State of Uttarakhand Hon’ble Ashish Naithani, J. Mr. Vikas Anand and Mrs. Gyan Mati Kushwaha, learned counsel for the Applicant. 2. Mr. Dinesh Chauhan, learned AGA for the State. 3. Present bail application is moved by the applicant, who is in judicial custody in connection with FIR No.12 of 2026, under Section 80 of BNS registered at P.S. Lalkuan, District Nainital. 4. Heard learned counsel for the parties. 5. Learned counsel for the applicant submits that it is a case of alleged dowry death in which the cause of death could not be ascertained. It is further submitted that the FIR has been lodged with a delay of two days. It is argued that although allegations of torture have been levelled by the complainant, no evidence of torture was found on the body of the deceased. It is further contended that the applicant is the sister-in-law (Nanand) of the deceased and had neither demanded any dowry nor subjected the deceased to any cruelty or harassment. It is argued that the applicant has no direct role in the alleged incident and is falsely implicated. 6. Per contra, learned State counsel has opposed the bail application and submitted that the marriage of the deceased was solemnized two months prior to the incident. It is further submitted that as per the statement of the mother of the deceased, there was a demand for dowry and due to such harassment, the deceased died. It is thus contended that it is a serious case of dowry death and the applicant does not deserve to be released on bail. 7. Considering the submissions of learned counsel for the parties, the nature of accusations, the role attributed to the applicant, absence of specific allegations of cruelty against the applicant, the fact that the cause of death is yet to be clearly ascertained, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail. 8. Accordingly, the bail application is allowed. Let the applicant-Pooja Vishwas be released on bail on her executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of court concerned. 9. Pending application, if any, stands disposed of. (Ashish Naithani, J.) 28.04.2026 Arti