Uttaranchal High Court: Alok Kumar Verma, J., allowed a bail application filed for grant of regular bail in connection with the offences punishable under Sections 302 and 120B of the Penal Code, 1860.
FIR was lodged by the father of the deceased with the allegations that his daughter was married with co-accused Shadab. Her husband demanded dowry and used to beat her.
On 16-11-2018, when his daughter was at his house her husband had come, cooked food and brought sweet meat from market and afterward added the poison in the meal of his wife the next day she was found dead. The counsel for the applicant, M.C. Bhatt and Sachin, submitted that the applicant was an innocent person and she was the sister of the accused; was just above 18 years of age she had been in custody since 07-01-2019 and six witnesses had been examined and her name was not mentioned in prosecution’s witness list and co-accused in the FIR had been granted bail by this High Court.
The Court while allowing the bail relied on the judgment of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 where it was held that the personal liberty is very precious fundamental right and it should be curtailed only when it becomes imperative according to the facts and circumstances of the case. [Amreen v. State of Uttarakhand, 2020 SCC OnLine Utt 129, decided on 04-03-2020]