Allowed

Kheela Devi v. State of Uttarakhand

Uttarakhand HC16 Oct 2025ABA/218/2025

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the High Court of Uttarakhand granted bail to the applicant, considering she had already been granted interim bail earlier and was not found to have misused the conditions imposed.

What did the court decide?

The application is allowed; the date of 03.03.2025 order granting interim bail is made absolute, contingent upon execution of a personal bond of Rs. 30,000/- and two sureties.

Kheela Devi Vs State of Uttarakhand — Anticipatory Bail | Uttarakhand HC (2025)

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2025:UHC:9329

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

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16^TH OCTOBER, 2025

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ANTICIPATORY BAIL APPLICATION NO.218 OF 2025

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Smt. Kheela Devi ..... Applicant

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Versus

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State of Uttarakhand and Another ..…Respondents

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Counsel for the Applicant :Mr. D.S. Mehta, Advocate with Ms. Nisha Bora, Advocate Counsel for the Respondent :Mr. Pradeep Lohani, No.1. Brief Holder.

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Hon’ble Alok Kumar Verma,J.

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The present Application under Section 482 of

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the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Smt. Kheela Devi seeking anticipatory bail under Section 108 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.7 of 2025, registered at Police Station Didihat, District Pithoragarh.

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2. As per the First Information Report, the wife of the deceased was living separately from him. The deceased was harassed by his wife, his wife’s sister (Smt. Kheela Devi, the applicant) and daughter of the

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2025:UHC:9329

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present applicant. On 18.02.2025, he committed suicide by taking tablet of sulphaz.

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3 . Heard Mr. D.S. Mehta, learned counsel with Ms. Nisha Bora, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1.

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4. Mr. D.S. Mehta, Advocate has contended that the applicant, aged about 51 years, has been falsely implicated in the present matter. She is not residing with Smt. Dhana Devi, the wife of the deceased. She is a permanent resident of District Pithoragarh. She was granted interim bail on 03.03.2025, and, the conditions of interim bail have not been misused by her.

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5. M r. Pradeep Lohani, Brief Holder has opposed the anticipatory bail application. 6. 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.

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7. 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 Application, filed for

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2025:UHC:9329

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anticipatory bail, is allowed and order dated 03.03.2025, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant Smt. Kheela Devi, she shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/-and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:-

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(i) Applicant shall cooperate with the Investigating Agency and she shall make herself available for interrogation by a police officer as and when required;

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(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and she shall not seek any unnecessary adjournment;

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(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

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(iv) Applicant shall not leave the country without the previous permission of the trial court.

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8. I t is made clear that if the applicant misuses or violates any of the conditions, imposed upon her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

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___________________ ALOK KUMAR VERMA, J.

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Date:16.10.2025

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Nahid

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Kheela Devi v. State of Uttarakhand

Case brief

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Kheela Devi v. State of Uttarakhand

Case brief

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