Shivani vs State Of Uttarakhand

Ravindra Maithani, J

Applicant seeks anticipatory bail in Case Crime No.0194 of 2022, under Section 306 IPC, Police Station Basant Vihar, District Dehradun.

Heard learned counsel for the parties and perused the record.

According to the FIR, the deceased Aditya Kumar was married to the applicant on 28.06.2024. The applicant and her family members had lodged a report against the deceased. They had harassed the deceased, due to which the deceased committed suicide.

Learned counsel for the applicant would submit that during investigation, the arrest of the applicant was protected; chargesheet has already been filed; the cognizance order has been challenged in a C482 petition, which is still pending.

Learned State Counsel would submit that no objection, as such, is required to be filed. The matter may be decided based on the material that is available on record.

Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on bail on her furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall not approach any witness in any manner, whatsoever.

(ii) The applicant shall not leave the country without prior permission of the court concerned.

(iii) The applicant shall deposit her passport with the court concerned. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, she shall give an undertaking to that effect to the court concerned.

(iv) The applicant shall also give an undertaking on (i), and (ii) above.