Kamlesh And Others vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicants seeking anticipatory bail under Section 108 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.60 of 2025, registered at Police Station Khanpur, District Haridwar.

According to the First Information Report dated 02.04.2025, Naved Ali, the nephew of the informant, committed suicide on 01.04.2025. He was working in Meerut Hospital, Laksar. The informant’s son told the informant that a woman named Laxmi was working in the said hospital. He (Naved Ali) used to talk to her. For this reason, the employees of the said hospital used to torture him. Naved Ali committed suicide due to Anil Kumar, Smt. Kamlesh, Smt. Vinita Rani and Arjun Kumar (present applicants).

Heard Mr. Susheel Kumar, learned counsel appearing for the applicants and Mr. G.S. Sandhu, learned Additional Advocate General for the State.

Mr. Susheel Kumar, Advocate submitted that the applicants are innocent persons. They have been falsely implicated in the present matter. The ingredients of Section 108 of the Bharatiya Nyaya Sanhita, 2023 do not stand fulfilled as there is no overt act assigned to the applicants of having abetted to deceased to commit suicide. There is no evidence to show that the applicants had in any way provoked, incited or encouraged deceased to commit the suicide.

Mr. Susheel Kumar, Advocate further submitted that the applicants do not have any criminal antecedents. The applicant no.1, applicant no.3 and applicant no.4 are permanent resident of District Haridwar and the applicant no.2 is a permanent resident of District Saharanpur (Uttar Pradesh), therefore, there is no possibility of their absconding. They were granted interim bail on 21.04.2025, and, the conditions of the interim bail have not been misused by them.

Mr. G.S. Sandhu, Addl. Advocate General has opposed the anticipatory bail application orally.

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.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants, Smt. Kamlesh, Smt. Vinita Rani, Anil Kumar and Arjun Kumar, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable  sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

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

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

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

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.