IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 19th day of August, 2009 Bail Application No. 805 of 2009 Order on the Bail Application: CRIMINAL SIDE Manoj S/o Murari R/o Kaanon Goyaan, Thaana Kashipur, District Udham Singh Nagar. ………… Applicant Versus tate of Uttarakhand ………… Opposite Party S Arising out of Crime No. 342 of 2009 Under Sections: 304B of I.P.C. and ¾ of the D.P. Act. Police Station: Thaana Kashipur District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Mrs. Pushpa Joshi, Advocate present for the applicant. Mr. B.S. Parihar, Brief Holder present for the respondent State. Applicant Manoj, who is in jail in connection with Crime / F.I.R. No. 342 of 2009, relating to offence punishable under Section 304B of I.P.C. and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961, Police Station Thaana Kashipur, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that applicant is brother-in-law (DEVAR) of the deceased. It is further submitted that no specific role has been assigned to the applicant in commission of crime. It is further pointed out that co- accused Murari and Smt. Santosh (father-in-law and mother-in-law of the deceased) have already been directed to be released on bail. Death of the deceased is said to have taken place four days after she was admitted in the hospital. It is further argued that in the first information report ‘MAARPEET’ is alleged with the deceased, but there is no ante mortem injury found on the dead body, in the postmortem report. Having considered submissions of learned counsel for the parties, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. Let the applicant Manoj be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Addl. Chief Judicial Magistrate, Kashipur. [ [ (Prafulla.C. Pant, J.) Dt. 19.08.2009 H.Negi