BA1/2407/2025
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Uttarakhand High Court

BA1/2407/2025 on 10 March, 2026

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                                 BA1 No. 2407 of 2025
                                 Hon'ble Alok Mahra, J.

Mr. Suryakant Maithani, learned counsel for the applicants.

2. Mr. Akshay Latwal, learned A.G.A. for the State.

3. The applicants - Hemwanti Devi and Devendra Singh, who are in judicial custody in connection with Case Crime No. 03 of 2025 (FIR No. 002 of 2025), under Sections 80(2), 85 and 108 of BNS registered at P.S.- Ukhimath, District Rudraprayag, have sought their release on bail.

4. The case of the applicants is that on 24.09.2025, deceased went to the river for collecting some sand and in course of it, she slipped near the riverbank and fell into the river. Her body was recovered the next day. The cause of death is drowning.

5. Learned counsel for the applicants would submit that there is no eye-witness to the incident and these charges under Sections 80(2), 85 and 108 of BNS are framed only on the basis of the statements given by the mother, father and sister of the deceased in which vague allegations have been levelled. It is further submitted that the chargesheet has already been filed in the case and there is no chance of tampering with the evidence or influencing the witnesses.

6. Learned State Counsel, on the other hand, has vehemently opposed the bail application and would submit that the offence alleged is of a grave and heinous nature.

7. Heard learned counsel for the parties and perused the record.

8. It is well settled by a catena of decisions of the Hon'ble Supreme Court that in cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 108 of BNS is not sustainable."

9. Having considered the submissions, under the facts and circumstances of the case and also considering the fact that the chargesheet has already been filed in the case and there is no chance of tampering with the evidence or influencing the witnesses, this Court is of the view that it is a case fit for bail and the applicants deserve to be enlarged on bail.

10. Accordingly, the bail application is allowed.

11. Let the applicants be released on bail on their executing personal bond and furnishing two reliable sureties each of the like amount, by each one of them, to the satisfaction of the court concerned.

(Alok Mahra J.) 10.03.2026 Ujjwal