HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 21st May, 2009 First Bail Application No. 485 of 2008 Order on the bail application of the accused. 1. Bhawan Singh Negi S/o Dhayan Singh 2. Gonada Devi W/o Bhawan Singh …….. Applicants Versus State of Uttarakhand …….. Opposite Party Case Crime No. 1 of 2008 U/S 304-B and 498-A I.P.C. and Section ¾ Dowry Prohibition Act Patwari Kshetra Kotsiyari Tehsil Bhikiasen District Almora With First Bail Application No. 835 of 2008 Order on the bail application of the accused. Har Singh S/o Bhawan Singh …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No. 1 of 2008 U/S 304-B and 498-A I.P.C. and Section ¾ Dowry Prohibition Act Patwari Kshetra Kotsiyari Tehsil Bhikiasen District Almora Hon’ble J. C. S. Rawat, J. Heard Mr. R.P. Nautiyal, Advocate for the accused/applicants; Mr. Amit Bhatt, Addl. G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; the F.I.R. was recorded on 29/03/2008 immediately after the incident; the statement of the informant was also recorded on the same day u/s 161 Cr.P.C.; the statement u/s 161 Cr.P.C. elaborately states about the factum of the death and about the demand of dowry soon before the death; the explanation submitted by the accused/applicants are different at different stages which is revealed from the perusal of the bail application; statement of Himmat Singh which was recorded before the Court & the statement which was made to the complainant & the visera report disclose that the death occurred due to poisoning on that date; and in the facts and circumstances of this case, I do not find that it is a fit case for bail. The bail applications are rejected. (J.C.S. Rawat, J.) Dated 21.05.2009 Shiv