Court Emphasizes Personal Liberty under Article 21; Sets Conditions for Bail of Elderly Applicants in Dowry Harassment and Abetment to Suicide Case
In a significant development, the Uttarakhand High Court has granted anticipatory bail to Nagendra Pandey and Chanda Devi, who were accused in a dowry harassment and abetment to suicide case. The court's decision, delivered by Justice Alok Kumar Verma, highlighted the importance of personal liberty as enshrined under Article 21 of the Constitution of India.
The case, which has drawn considerable attention, involves the tragic suicide of a young woman who allegedly faced harassment from her in-laws over dowry demands. The applicants, who are the deceased's father-in-law and mother-in-law, are aged 68 and 58, respectively. The incident occurred on August 2, 2025, when the woman took her life by hanging at her marital home in Haridwar.
The court, while granting anticipatory bail, took into account several factors, including the applicants' advanced ages, the absence of evidence tampering, and the filing of the charge-sheet under Section 108 of the Bharatiya Nyaya Sanhita, 2023. The judgment underscored that personal liberty should only be restricted when absolutely necessary, particularly in light of the circumstances of the case.
Counsel for the applicants, Senior Advocate Mr. R.P. Nautiyal, argued that the couple had been falsely implicated and had no role in the alleged dowry demands or harassment. It was further contended that societal and cultural differences might have contributed to the deceased's distress, as she was originally from Bihar and had moved to Uttarakhand after her marriage in February 2025.
The Assistant Government Advocate, Mr. Akshay Latwal, opposed the bail application, emphasizing the seriousness of the charges. However, the court, after careful consideration, granted anticipatory bail, making the interim bail granted on September 24, 2025, absolute.
The applicants are required to comply with several conditions to ensure the integrity of the judicial process. They must regularly attend trial court proceedings, refrain from influencing any witnesses or connected individuals, and cannot leave the country without the court's permission. The court has warned that any violation of these conditions could lead to the cancellation of the bail.
This judgment reiterates the judiciary's commitment to balancing the rights of individuals with the demands of justice, particularly in cases involving serious allegations such as dowry harassment and abetment to suicide.
Bottom Line:
Anticipatory bail granted under Section 108 of the Bharatiya Nyaya Sanhita, 2023 for applicants accused in a dowry harassment case, considering their age, absence of tampering evidence, and personal liberty under Article 21 of the Constitution.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 108, Constitution of India, 1950 Article 21.
Nagendra Pandey v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc Id # 2833204
