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UKHC010126832026
2026:UHC:6174 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
ABA/301/2026
Aisha
……..Applicant Versus State Of Uttarakhand ……..Respondent
Hon'ble Alok Mahra, J.
Mr. Gaurav Panwar proxy counsel for Mr. Avidit Naliyal, learned counsel for the revusuibust,
2. Ms. Pushpa Bhatt, learned Addl. Advocate General along with Mr. S.C. Dumka, learned A.G.A. and Mr. Nikhil Bisht, learned Brief Holder for the State.
3. By means of the present anticipatory bail application, the applicant seeks grant of anticipatory bail in connection with F.I.R./Case Crime No. 57 of 2021, registered at Police Station Laksar, District Haridwar, for the offences punishable under Sections 306, 452 and 504 of the I.P.C.
4.
Learned counsel appearing or the applicant would submit that the applicant is innocent and has been falsely implicated in the present case; that, the allegations levelled in the First Information Report, even if taken at their face value, do not disclose the essential ingredients constituting the offence of abetment of suicide punishable under Section 306 I.P.Cc; that, there is no material on record to demonstrate any intentional instigation or conspiracy on the part of the applicant which could have compelled the deceased to commit suicide; that, the anticipatory bail application preferred by the applicant has already been rejected by the Court below
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2026:UHC:6174 vide order dated 07.07.2026. 5. Per contra, learned State Counsel would oppose the present application and submit that, as is evident from the order dated 07.07.2026 passed by the Court below rejecting the applicant's anticipatory bail application, the applicant has failed to cooperate with the investigation and proceedings under Sections 82 and 83 of the B.N.S.S. have already been initiated against him. It is, therefore, contended that once the applicant has been declared a proclaimed person and coercive proceedings have been initiated against him, he is not entitled to the relief of anticipatory bail. 6. In reply, learned counsel for the applicant would submit that, without pressing the present anticipatory bail application on merits, the applicant confines the relief sought in the present application to grant of limited interim protection for a period of two weeks so as to enable him to surrender before the Court concerned and avail such remedy, including the remedy of regular bail, as may be available to him in accordance with law. 7. Learned State Counsel, on instructions, fairly submits that he has no objection if limited protection, as prayed for by the applicant, is granted solely for the aforesaid purpose, subject to an outer time limit for surrender before the competent Court. 8. Heard learned counsel for the parties and perused the material available on record. 9.
Having considered the rival submissions advanced by learned counsel for the parties and upon perusal of the material available on record, this Court, without expressing any opinion on the merits of the case or the rival contentions, deems it appropriate, in the peculiar facts and circumstances of the
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2026:UHC:6174 case, to dispose of the present anticipatory bail application by directing the applicant to surrender before the Court concerned on or before 10.08.2026 and move an appropriate application for regular bail or any other relief as may be available to him under law. 10. Till 10.08.2026, the execution of the non-bailable warrants issued against the applicant, as well as the coercive proceedings initiated under Sections 82 and 83 of the B.N.S.S., shall remain in abeyance, subject to the condition that the applicant shall positively surrender before the Court concerned on or before
10.08.2026. 11. It is clarified that this Court has neither examined nor expressed any opinion on the merits of the allegations levelled against the applicant. Consequently, any application that may be preferred by the applicant before the competent Court shall be considered and decided independently, strictly in accordance with law, on its own merits, and without being influenced by any observation contained in the present order. 12. It is further made clear that in the event the applicant fails to surrender before the Court concerned on or before 10.08.2026, the interim protection granted by this order shall automatically stand vacated without any further reference to this Court. 13. Subject to the aforesaid observations and directions, the present anticipatory bail application stands disposed of. 14. Pending application(s), if any, shall also stand disposed of. (Alok Mahra, J.) 22-07-2026 Mamta
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2026:UHC:6174