IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 18th May, 2011 Order on the bail application of accused 2nd Bail Application No. 158 of 2010 CRIMINAL SIDE Siraj S/o Meharban R/o Ward No. 8, Charubeta, Khatima, District Udham Singh Nagar …Applicant Versus State of Uttarakhand …Opposite Party 1st Bail arising out of FIR No. 158 of 2010 Under Sections 304B I.P.C. & ¾ Dowry Prohibition Act, P.S. Kotwali Khatima, District Udham Singh Nagar Hon’ble Tarun Agarwala, J. Heard Mr. R.S. Sammal, the learned counsel for the applicant and Mr. T.C. Agarwal, the learned A.G.A. for the State. The first bail application was rejected as not pressed by an order dated 21.10.2010. The applicant and the complainant are rickshaw-pullers. The deceased is the sister of the complainant and wife of the applicant. The marriage was performed about 2½ years ago and it is alleged that the applicant demanded dowry, and the non-fulfillment of the demand led to the hanging of the deceased. The post mortem report indicates death by hanging. The statement of the brother of the deceased Guddu indicates that there was some tension between the husband and the wife and on the insistence of the deceased, the brother spent the night at some other place. Considering the fact that both are rickshaw-pullers and are surviving on a day-to-day basis coupled with the fact that there is only a general demand of dowry and without commenting anything further on the merits of the case, the Court is of the opinion that the applicant be enlarged on bail. The second bail application is allowed. Let the applicant be released on bail in connection with FIR No. 158 of 2010, under Sections 304B I.P.C. & ¾ Dowry Prohibition Act, P.S. Kotwali Khatima, District Udham Singh Nagar, on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (Tarun Agarwala, J.) Dated 18.05.2011 SP