Smt. Dhana Devi vs State Of Uttarakhand And Another
2026 Latest Caselaw 1820 UK

Uttarakhand High Court

Smt. Dhana Devi vs State Of Uttarakhand And Another on 11 March, 2026

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                                                       2026:UHC:1592

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                      11th MARCH, 2026
     ANTICIPATORY BAIL APPLICATION NO. 220 OF 2025

Smt. Dhana Devi                                    ..... Applicant
                             Versus
State of Uttarakhand and Another                   .....Respondents

Counsel for the Applicant            :       Mr. D.S. Mehta, Advocate.

Counsel for the Respondent           :       Mr. Pratiroop Pandey,
No.1.                                        Assistant Government
                                             Advocate.


Hon'ble Alok Kumar Verma,J.

This Application has been filed by the applicant-

Smt. Dhana Devi for anticipatory bail in Case Crime No.7 of

2025, registered at Police Station Didihat, District

Pithoragarh under Section 108 of the Bharatiya Nyaya

Sanhita, 2023.

2. According to the First Information Report, the

applicant is the wife of the deceased. She was living

separately from him. The deceased was harassed by his

wife, his wife's sister and daughter of his wife's sister. On

18.02.2025, he committed suicide by taking tablet of

sulphaz.

3. Heard Mr. D.S. Mehta, learned counsel for the

applicant and Mr. Pratiroop Pandey, learned Assistant

Government Advocate for the respondent no.1.

4. Respondent no.2 is not present.

2026:UHC:1592

5. Copy of the report of Forensic Science Laboratory

has not been filed.

6. Mr. D.S. Mehta, Advocate has contended that the

applicant was not residing with her husband at the time of

the incident. She has been falsely implicated in the present

matter. She had never provoked, incited or encouraged the

deceased to commit suicide. Therefore, no offence under

Section 108 of the Bharatiya Nyaya Sanhita, 2023 is made

out against the applicant. She was granted interim bail on

03.03.2025 and the conditions of interim bail have not been

violated by her, and, she is a permanent resident of District

Pithoragarh.

7. Mr. Pratiroop Pandey, Assistant Government

Advocate, has opposed the anticipatory bail application.

8. Personal liberty under Article 21 of the

Constitution of India is very precious fundamental right and

it should be curtailed only when it becomes imperative

according to the peculiar facts and circumstances of the

case.

9. Having heard the submissions of learned counsel

for the parties and keeping in view of the facts and

circumstances of the case, without commenting on the

merits of the case, the present Anticipatory Bail Application

is allowed and the order dated 03.03.2025, granting interim

bail to the applicant, is made absolute. It is directed that in

the event of arrest of the applicant Smt. Dhana Devi, she

2026:UHC:1592 shall be released on anticipatory bail on executing a

personal bond of Rs. 30,000/- and two reliable sureties,

each of the like amount, to the satisfaction of the Arresting

Officer, subject to the following conditions:-

(i) Applicant shall cooperate with the Investigating Agency and she shall make herself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and she shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

(iv) Applicant shall not leave the country without the previous permission of the trial court.

10. It is made clear that if the applicant misuses or

violates any of the conditions, imposed upon her, the

prosecution agency will be free to move the Court for

cancellation of the anticipatory bail.

___________________ ALOK KUMAR VERMA, J.

Date: 11.03.2026 pant/