Sm t Kavit a Chand v. St at e of Ut t arakhand and Anot her

Mr. Siddhart ha Sah, Advocat e. Mr. Tum ul Nainwal, Assist ant Governm ent Advocat e. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present Applicat ion has been filed by t he applicant s seeking ant icipat ory bail in Case Crim e No.92 of 2012, regist ered at Police St at ion Pant nagar, Dist rict Udham Singh Nagar. 2 . According t o t he First I nform at ion Report dat ed 30.08.2012, Sm t . Shilpi, t he daught er of t he inform ant Set h Masiah, was m arried t o Sanj ay Chand, t he co- accused, on 27.12.2007. The inform ant and t he applicant s are Christ ian. Applicant no.1 is t he brot her and t he applicant no.2 is t he m ot her of t he co- accused Sanj ay Chand. Applicant s and co- accused were dem anding a Sant ro car and Rs.5.00 lakh. They used t o 1 m isbehave wit h his daught er while m aking t he said dem and. They fed poison t o his daught er on

25.08.2012, due t o which she died. 3 . Heard Mr. Siddhart ha Sah, learned counsel for t he applicant s and Mr. Tum ul Nainwal, learned Assist ant Governm ent Advocat e t he respondent no.1. 4 . Mr. Siddhart ha Sah, Advocat e, cont ended t hat t he said allegat ions are t ot ally false. Sm t . Shilpi t old her husband t hat she felt som et hing was m issing. She t old t hat she was not able t o give a child t o her husband. She was t aking t reat m ent for conceiving child in Meerut . On 25.08.2012, she consum ed som e insect icide. She was t aken t o t he hospit al by her husband. 5 . Mr. Siddhart ha Sah, Advocat e subm it t ed t hat aft er lodging t he First I nform at ion Report , t he dead body of t he deceased was exhum ed from t he grave in Meerut . I nquest proceeding was conduct ed on

30.09.2012. The post - m ort em exam inat ion of t he dead body of t he deceased was conduct ed on t he sam e day. As per t he post - m ort em Report , t he cause of deat h could not be ascert ained, hence, t he viscera was preserved. The charge- sheet has been filed under 2 Sect ion 498A and Sect ion 304B of t he I ndian Penal Code, 1860 ( in short , “ I PC” ) , Sect ion 3 and Sect ion 4 of t he Dowry Prohibit ion Act , 1961 wit hout viscera report . Now, t he viscera report has been filed before t he t rial court . As per t he viscera report , poison was not found. The st at em ent of t he fat her of t he deceased, recorded under Sect ion 161 of t he Code of Crim inal Procedure, 1973, reveals t hat t here are no allegat ions of dowry dem and soon before t he deat h of t he deceased. The allegat ion of t he dowry dem and is general in nat ure. The offence under Sect ion 304B of I PC is not m ade out . 6 . Mr. Siddhat ha Sah, Advocat e furt her subm it t ed t hat t he applicant s were never arrest ed during t he course of t he invest igat ion. They were grant ed int erim relief in a Writ Pet it ion, filed under Art icle 226 of t he Const it ut ion of I ndia for quashing t he First I nform at ion Report . They were grant ed int erim relief in t he Applicat ion, filed under Sect ion 482 of t he Code of Crim inal Procedure, 1973. Co- accused Sanj ay Chand has already been grant ed regular bail by t his Court . Applicant s are perm anent resident s of Dist rict Udham Singh Nagar, t herefore, t here is no possibilit y of t heir absconding. 3 7 . Mr. Tum ul Nainwal, Assist ant Governm ent Advocat e has opposed t he ant icipat ory bail applicat ion orally. 8 . Personal libert y under Art icle 21 of t he Const it ut ion of I ndia is very precious fundam ent al right it should be curt ailed only when it becom es im perat ive according t o t he peculiar fact s and circum st ances of t he case. 9 . Having heard t he subm issions of learned counsel for t he part ies and keeping in view of t he fact s and circum st ances of t he case, t he present Applicat ion, filed for ant icipat ory bail, is allowed. I t is direct ed t hat in t he event of arrest of t he applicant s Aakash Chand and Sm t . Kavit a Chand, t hey shall be released on ant icipat ory bail on execut ing a personal bond of Rs. 30,000/ - and t wo reliable suret ies, each of t he like am ount , by each one of t hem , t o t he sat isfact ion of t he Arrest ing Officer, subj ect t o t he following condit ions: - t he ( i) Applicant s shall at t end t rial court regularly and t hey shall not seek any unnecessary adj ournm ent ; ( ii) Applicant s shall not direct ly or indirect ly m ake any inducem ent , t hreat or prom ise t o any person, acquaint ed wit h t he fact s of t his case; ( iii) Applicant s shall not leave t he count ry wit hout t he previous perm ission of t he t rial court . 1 0 . I t is clarified t hat if t he applicant s m isuse or violat e any of t he condit ions, im posed upon t hem , t he 4 prosecut ion agency will be free t o m ove t he Court for cancellat ion of t he ant icipat ory bail. Dat e: 07.08.2025 JKJ/ Pant _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. 5