Suman Devi And Four Others vs State Of Uttarakhand

Alok Kumar Verma, J

This Application for anticipatory bail has been filed in Case Crime No.262 of 2025, registered at Kotwali Kotdwar, District Pauri Garhwal under Sections 132, 191(2), 191(3), 190, 3(5), 351(2), 352, 109, 61(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023.

An Application for anticipatory bail (ABA No.91 of 2025) was filed by the applicants before the Sessions Court. Learned Additional District & Sessions Judge, Kotdwar, District Pauri Garhwal has rejected the said Application on 10.11.2025.

According to the First Information Report dated 23.10.2025, Sanjay, Ved Prakash and Ashish Dabral were detained by the police on 22.10.2025 under Section 172 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant and others attempted to rescue them from the custody of the police. They threw stones on the police and damaged a Government vehicle.

Heard Ms. Shumayla Zafri, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Ms. Shumayla Zafri, Advocate submitted that the applicants, who are women, have been falsely implicated by the police. They were not involved in the said offence. Sixteen co-accused have been granted bail by the Co-ordinate Bench of this Court. Applicants have no criminal antecedents, and, they are permanent residents of District Pauri Garhwal.

Mr. Pradeep Lohani, Brief Holder 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. Suman Devi, Km. Laxmi, Smt. Raveena Devi, Smt. Guddi Devi and Smt. Poonam Devi, 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.