Uttarakhand High Court
Aakash Chand vs State Of Uttarakhand And Another on 7 August, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
2025:UHC:6925
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
07TH AUGUST, 2025
ANTICIPATORY BAIL APPLICATION NO. 886 OF 2025
1. Aakash Chand
2. Smt. Kavita Chand ..... Applicants
Versus
State of Uttarakhand and Another .....Respondents
Counsel for the Applicants : Mr. Siddhartha Sah,
Advocate.
Counsel for the Respondent No.1 : Mr. Tumul Nainwal,
Assistant Government
Advocate.
Hon'ble Alok Kumar Verma,J.
The present Application has been filed by the
applicants seeking anticipatory bail in Case Crime
No.92 of 2012, registered at Police Station Pantnagar,
District Udham Singh Nagar.
2. According to the First Information Report
dated 30.08.2012, Smt. Shilpi, the daughter of the
informant Seth Masiah, was married to Sanjay Chand,
the co-accused, on 27.12.2007. The informant and the
applicants are Christian. Applicant no.1 is the brother
and the applicant no.2 is the mother of the co-accused
Sanjay Chand. Applicants and co-accused were
demanding a Santro car and Rs.5.00 lakh. They used to
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misbehave with his daughter while making the said
demand. They fed poison to his daughter on
25.08.2012, due to which she died.
3. Heard Mr. Siddhartha Sah, learned counsel
for the applicants and Mr. Tumul Nainwal, learned
Assistant Government Advocate for the respondent
no.1.
4. Mr. Siddhartha Sah, Advocate, contended
that the said allegations are totally false. Smt. Shilpi
told her husband that she felt something was missing.
She told that she was not able to give a child to her
husband. She was taking treatment for conceiving child
in Meerut. On 25.08.2012, she consumed some
insecticide. She was taken to the hospital by her
husband.
5. Mr. Siddhartha Sah, Advocate submitted that
after lodging the First Information Report, the dead
body of the deceased was exhumed from the grave in
Meerut. Inquest proceeding was conducted on
30.09.2012. The post-mortem examination of the dead
body of the deceased was conducted on the same day.
As per the post-mortem Report, the cause of death
could not be ascertained, hence, the viscera was
preserved. The charge-sheet has been filed under
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Section 498A and Section 304B of the Indian Penal
Code, 1860 (in short, “IPC“), Section 3 and Section 4 of
the Dowry Prohibition Act, 1961 without viscera report.
Now, the viscera report has been filed before the trial
court. As per the viscera report, poison was not found.
The statement of the father of the deceased, recorded
under Section 161 of the Code of Criminal Procedure,
1973, reveals that there are no allegations of dowry
demand soon before the death of the deceased. The
allegation of the dowry demand is general in nature.
The offence under Section 304B of IPC is not made out.
6. Mr. Siddhatha Sah, Advocate further
submitted that the applicants were never arrested
during the course of the investigation. They were
granted interim relief in a Writ Petition, filed under
Article 226 of the Constitution of India for quashing the
First Information Report. They were granted interim
relief in the Application, filed under Section 482 of the
Code of Criminal Procedure, 1973. Co-accused Sanjay
Chand has already been granted regular bail by this
Court. Applicants are permanent residents of District
Udham Singh Nagar, therefore, there is no possibility of
their absconding.
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7. Mr. Tumul Nainwal, Assistant Government
Advocate has opposed the anticipatory bail application
orally.
8. 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.
9. 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 Aakash Chand
and Smt. Kavita Chand, 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 attend the trial court
regularly and they shall not seek any unnecessary
adjournment;
(ii) Applicants shall not directly or indirectly make
any inducement, threat or promise to any person,
acquainted with the facts of this case;
(iii) Applicants shall not leave the country without
the previous permission of the trial court.
10. It is clarified that if the applicants misuse or
violate any of the conditions, imposed upon them, the
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prosecution agency will be free to move the Court for
cancellation of the anticipatory bail.
___________________
ALOK KUMAR VERMA, J.
Date: 07.08.2025
JKJ/Pant
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