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2026 DAILYLAW 7233 (UTT)

HARIOM SINGH v. STATE OF UTTARAKHAND

ABA/188/2026 · 2026-06-18

Alok Mahra

body2026

Judgment text

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UKHC010090802026 2026:UHC:5055 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS ABA/188/2026 Hariom Singh ……..Applicant Versus State Of Uttarakhand …….Respondent Hon’ble Alok Mahra, J. Mr. M.S. Pal, learned senior counsel assisted by Mr. Chandramauli Shah, Amit Kapri and Mr. Vikrmaditya Sah, learned counsel for the applicant. 2. Mr. Dinesh Chauhan, learned A.G.A. along with Mr. Jai Prakash Kandpal, learned Brief Holder for the State. 3. By means of the present application, the applicant seeks anticipatory bail in connection with F.I.R./Case Crime No. 03 of 2026 dated 22.03.2026, registered under Section 108 of the B.N.S. at Police Station Thana Nachani, District Pithoragarh. 4. Learned Senior Counsel for the applicant would submit that the impugned F.I.R. has been lodged by the brother of the deceased alleging that the deceased committed suicide by hanging himself in his room. It is alleged that a suicide note was recovered from the room of the deceased in which the name of the present applicant was mentioned that, during the course of investigation, certain video recordings allegedly made by the deceased shortly before committing suicide were UKHC010090802026 2026:UHC:5055 also recovered by the investigating agency. 5. Learned Senior Counsel would further submit that the mere mention of the applicant's name in the alleged suicide note is not sufficient to implicate the applicant for the offence of abetment of suicide; that, the suicide note is dated 11.03.2026, whereas the deceased committed suicide on 21.03.2026, i.e., after a gap of ten days; that, neither the contents of the suicide note nor the video recordings disclose any specific act of harassment, cruelty or instigation on the part of the applicant which could have driven the deceased to commit suicide; that, there is no material to suggest that the applicant had, by his acts or conduct, incited or intentionally facilitated the commission of suicide by the deceased. 6. Learned Senior Counsel would further submit that there is not even a single overt act attributed to the applicant in the F.I.R. or in the video recordings recovered during investigation which may prima facie constitute abetment of suicide; that, in the absence of the essential ingredients constituting abetment as defined under Section 45 of the B.N.S., no offence punishable under Section 108 of the B.N.S. is made out against the applicant, therefore, the applicant is entitled to the protection of anticipatory bail. 7. 7. Per contra, learned State Counsel would vehemently oppose the anticipatory bail application and submit that the name of the applicant finds mention in the suicide note allegedly left by the deceased UKHC010090802026 2026:UHC:5055 and, therefore, his complicity cannot be ruled out at this stage; that, the investigation is still in progress. 8. Having considered the rival submissions advanced by learned counsel for the parties, the nature and gravity of the allegations contained in the F.I.R., the contents of the alleged suicide note and the material collected during investigation, particularly the fact that no specific act of instigation, intentional aid or active participation on the part of the applicant has, prima facie, been brought on record and that the investigation can proceed without subjecting the applicant to custodial interrogation, this Court is of the opinion that the applicant has made out a fit case for grant of anticipatory bail. 9. Consequently, without expressing any opinion on the merits of the case, it is directed that, in the event of arrest of the applicant in connection with F.I.R./Case Crime No. 03 of 2026 dated 22.03.2026, registered at Police Station Nachani, District Pithoragarh, he shall be released on anticipatory bail on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Investigating Officer/Court concerned, subject to the following conditions: (i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required and shall cooperate with the investigation as well as the trial proceedings; (ii) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person UKHC010090802026 2026:UHC:5055 acquainted with the facts of the case; (iii) The applicant shall not tamper with the prosecution evidence or attempt to influence any witness in any manner whatsoever; (iv) The applicant shall not leave the country without prior permission of the Court concerned and, if he possesses a passport, shall furnish the details thereof before the Investigating Officer/Court concerned; (v) The applicant shall regularly appear before the Court concerned on each and every date fixed, unless exempted in accordance with law; (vi) The applicant shall not misuse the liberty of anticipatory bail and shall maintain good conduct throughout the pendency of the proceedings. 10. In the event of breach of any of the aforesaid conditions, it shall be open to the prosecution to move an appropriate application seeking cancellation of anticipatory bail in accordance with law. 11. Subject to the aforesaid conditions, the anticipatory bail application stands allowed. (Alok Mahra, J.) 18.06.2026 Mamta MAM TA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bf0 9a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d 9cabfd54852c9e68911ca8b66 dd26690a191648ab5d8dd004 ef0, cn=MAMTA RANI Date: 2026.06.19 11:08:14 +05'30'