Laxmi Aias Ayesha Mehra And Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail in Case Crime No.14 of 2025, registered at Police Station Bhowali, District Nainital under Section 108 of the Bharatiya Nyaya Sanhita, 2023.

According to the First Information Report dated 28.04.2025, the deceased, the son of the informant, loved the applicant no.1. Applicant no.2 is the father and the applicant no.3 is the mother of the applicant no.1. Due to the harassment of the applicants, the informant’s son consumed poisonous substance on 06.03.2025 due to which he died.

Heard Mr. Lalit Singh Sammal, learned counsel for the applicants and Mr. Chitrarth Kandpal, learned Brief Holder for the respondent.

Mr. Lalit Singh Sammal, Advocate, contended that the applicants have been falsely implicated in the present matter. There is no direct evidence on record to show that the applicants in any manner abetted or provoked the deceased to commit suicide and even if the entire allegations of the First Information Report are taken on its face value, no prima facie offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023 is made out against the applicants.

Mr. Lalit Singh Sammal, Advocate, further submitted that the applicants have no criminal antecedents. They are permanent residents of District Nainital, therefore, there is no possibility of their absconding. They were granted interim bail on 23.05.2025, and, the conditions of the interim bail have not been violated by them.

Mr. Chitrarth Kandpal, Brief Holder, has opposed the Anticipatory Bail Application. However, he submitted that dead body of the deceased Yash Kumar was found in Nathuwakhan forest and as per the post-mortem report of the dead body of the deceased, the cause of death could not be ascertained.

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, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 23.05.2025 granting interim bail to the applicants, is made absolute. It is directed that in the event of arrest of the applicants Laxmi alias Ayesha Mehra, Narendra Singh Mehra and Anita Mehra, 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 made clear 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.