IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 1st day of June, 2010 Ist Bail Application No. 540 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Ravi Kumar .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime/FIR No. 65/2010, U/s 498A, 326 IPC and Section 3/4 of Dowry Prohibition Act, PS Kotwali, District Dehradun. June 01, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Pawan Mishra, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. The prosecution case, in brief, is that complainant Hari Prasad lodged an FIR with PS Kotwali, Dehradun on 18.2.2010 with the averments that marriage of his daughter Rama was solemnized with the accused applicant on 17.2.2007, but soon after the marriage, the accused applicant and his family members started harassing the daughter of complainant for dowry and she was subjected to mental and physical torture. On 6.8.2008, the daughter of complainant gave birth to a female child. The accused applicant and his family members were demanding a house, a commercial shop and rupees four lacs in dowry. On 18.2.2010, the complainant received a telephonic message from one Padam Kumar that his daughter Rama was set on fire and she was being taken by him to Doon Hospital. Thereafter the complainant left Ambala Cant. for Dehradun and reached at the Doon Hospital at 2.40 pm on the same day where his daughter was admitted in burnt condition and she was being given the treatment. Thereafter with these averments, he lodged the FIR at 6.25 pm on the same day i.e. on 18.2.2010. 2 Learned Counsel for the accused applicant argued that the applicant has been falsely implicated in this case. Contrary to it, learned Addl. GA for the State argued that in her statement recorded on 18.2.2010 itself, victim Rama has stated that on 17.2.2010 at 10 pm, her husband i.e. the applicant sprinkled kerosene oil over her body and tried to kill her by setting her on fire and when this crime was committed by the applicant, nobody else was present at the residence. She was beaten by her husband. She was medically examined by Dr. Rahul Joshi, EMO, Doon Hospital, Dehradun and found burn injuries on her right side face, right side arm, front of neck, chest, abdomen and left side of wrist. The Medical Officer has opined that the burn injuries were caused by dry heat and the burns were fresh and smell of kerosene oil was present. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR; injury reports of victim Rama, her statement recorded by the I.O. and other papers available on record and in view of the facts and circumstances of the case, the Court is of the view that a prima facie case under Section 498A, 326 IPC and Section 3/4 of Dowry Prohibition Act is made out against the accused applicant. Hence, I do not find any ground to release the accused applicant on bail at this stage. Hence, the bail application is rejected. (Dharam Veer, J.) 1.6.2010 PRABODH