[Cites 2, Cited by 0]
Uttarakhand High Court
BA1/1894/2025 on 11 March, 2026
2026:UHC:1600
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No.1894 of 2025
Hon'ble Alok Mahra, J.
Ms. Laybanoor and Mr. Amit Kapri,
Advocates for the applicant.
Mr. V.S. Pal, A.G.A. for the State of
Uttarakhand.
2. This first bail application has been
moved by the applicant seeking regular bail in
F.I.R./Case Crime No.96 of 2025, under
Section 108 of B.N.S., 2023, registered at
Police Station Thana Kotwali Pithoragarh,
District Pithoragarh.
3. The F.I.R. lodged by the father of the
deceased under Sections 3/4 of the Dowry
Prohibition Act and Section 80(2) of the
Bharatiya Nyaya Sanhita, 2023, alleges
harassment by the applicant and his mother
for dowry demands, culminating in the
deceased consuming poison on 31.07.2025.
Notably, post-investigation, the applicant's
mother stands exonerated, with charges
confined to the applicant alone.
4. Learned counsel for the applicant argued
that the implication is false, the applicant
having remained in judicial custody since
18.09.2025. The marriage on 26.11.2023
stemmed from mutual love, but
misunderstandings arose due to the
applicant's employment in Delhi while the
deceased resided with her mother in a village
at Pithoragarh. No dowry demand ever
occurred. Critically, the prosecution narrative
lacks any eyewitness to the incident, and
nothing on record indicates the applicant's
actions instigated the suicide. WhatsApp
transcripts, extending only up to 29.07.2025,
three days prior to the incident, reveal no
motive or provocation sufficient to drive the
deceased to such an extreme step. The
applicant assures non-misuse of liberty, full
2026:UHC:1600
cooperation with investigation/trial, and
compliance with bonds/sureties.
5. Learned counsel for the State opposes
bail vehemently.
6. Heard learned counsel for the parties
and perused the material available on record.
A perusal of the WhatsApp chat transcripts
exchanged between the deceased and the
applicant would indicate that the
conversations are available only up to
29.07.2025. Even from the contents of the
said chats, no such circumstance or
provocation is discernible which could
reasonably be said to have instigated or
compelled the deceased to take the extreme
step of consuming poison and ending her life.
The material placed on record, at this stage,
does not prima facie disclose any direct act of
instigation or intentional aid on the part of the
applicant so as to attract the ingredients of
the alleged offence. It is also noteworthy that
the alleged transcripts are of a period nearly
three days prior to the unfortunate incident.
Further, the applicant has been in judicial
custody since 18.09.2025.
7. Having regard to the nature of the
allegations, the material collected during
investigation, as aforesaid, the period of
incarceration already undergone by the
applicant, and without expressing any opinion
on the merits of the case, this Court is of the
considered view that the applicant has made
out a fit case for grant of bail at this stage.
Accordingly, the bail application deserves to
be allowed.
8. The bail application is allowed.
9. Let the applicant, namely, Amit Singh
Lunthi be released on bail, on executing
personal bond and furnishing two reliable
sureties, each of like amount, to the
satisfaction of Court.
(Alok Mahra, J.)
11.03.2026
Arpan
ARPAN JAISWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393398f9fe45ba3e,
postalCode=263001, st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4DF04AADAA2C2CEA66,
cn=ARPAN JAISWAL
Date: 2026.03.11 17:29:03 +05'30'
2026:UHC:1600
