Uttarakhand High Court
BA1/1010/2026 of RACHNA Vs STATE OF UTTARAKHAND on 29 July 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1010/2026 Rachna --Applicant Versus State Of Uttarakhand --Respondent Hon'ble Rakesh Thapliyal, J. 1. Mr. Ashish Kumar Jemini,
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
BA1/1010/2026
Rachna
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Rakesh Thapliyal, J.
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1. Mr. Ashish Kumar Jemini, learned counsel for the applicant.
2. Mr. Himanshu Sain, learned A.G.A. for the State.
3. Mr. Vivek Shukla, learned counsel for the complainant through V.C.
4. Present applicant Rachna, W/o Late Ravikant is praying for bail in reference to FIR dated 10.04.2026 bearing FIR/Case Crime No. 0064 of 2026 P.S. Jhabrera District Haridwar lodged by one Chandrapal implicating the present applicant, Lal Singh (father of the applicant), Anshul (brother of the applicant) and Naresh and Dharampal (both uncles of the applicant) for the offence punishable under Section 108 of BNS 2023.
5. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated and at the time of the alleged incident when her husband consumed poison she was in her parental house and in between the deceased and the applicant there were some matrimonial disputes but her husband took very harsh steps. He further submits that the prosecution collected only suicidal note on perusal of which it reveals that there is no any such ingredient which constitutes offence punishable under Section 108 of BNS 2023. He further submits that applicant has a
14 months’ old child who needed company of the present applicant, being mother, therefore, this aspect may be looked into while considering bail application. He further submits that charge sheet has already been filed, therefore, taking into consideration that the present applicant is a lady, now widow after death of her husband, she may be given privilege of Section 480 of BNSS 2023.
6. On the other side, Mr. Vivek Shukla learned counsel for the complainant submits that there are sufficient evidence which constitutes the offence punishable under Section 108 of BNS 2023 and the remaining accused persons who are father, brother and other relatives are still absconding. In addition to this, he submits that the suicidal note has been sent for forensic analysis and the report is still awaited.
7. Mr. Sain, learned A.G.A. for the State have not disputed that the charge sheet has already been filed against the present applicant and there is no need of further custodial interrogation.
8. After hearing the arguments of the learned counsel for the parties and taking into consideration that charge sheet has already been filed against the present applicant and the fact that the applicant at the time of the incident was living in her parental house and she is a mother of 14 months’ old child, this Court is of the view that the applicant deserves for bail.
9. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed.
10. Let the applicant “Rachna” be released on bail on her executing a personal bond and furnishing two reliable sureties of the like amount to the satisfaction of the court concerned.
11. It is made clear that after being released on bail the applicant shall join the trial court proceeding on each and every date without seeking unnecessary adjournment and shall cooperate with the investigating agency in respect of the part investigation which is going on against other co-accused.
(Rakesh Thapliyal, J.)
29.07.2026 Parul