IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of February 2008 Criminal Bail application No. 143 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Rakesh, S/o Viranchi Mistri, R/o Shaktifarm No. 1, P.S. Kichha, Sub District Rudrapur, District Udham Singh Nagar. ----Applicant (In Jail) Versus State of Uttarakhand ---- Opposite party Arising out of Case Crime No.3367 of 2007 U/Ss.498-a/324/ I.P.C., read with Section ¾ Dowry Prohibition Act, P.S. Kichha, District Udham Singh Nagar. Hon’ble Dharam Veer, J. Heard Sri Sudhir Singh, learned counsel for the applicant and Sri D.C.S. Rawat, learned counsel for the complainant as well as Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that Smt. Sapna was married with present applicant before eight months of the said incident. I was averted that on 23.12.2007 Smt. Sapna was beaten by the present applicant along with other co-accused persons. Later on, Smt. Sapna has lodged the F.I.R on 23.12.2007 at 4:40 P.M. in P.S. Kichha, District Rudrapur. Learned counsel for the applicant has submitted that as per the averments made in the F.I.R. the complainant Smt. Sapna came into sense in the morning of 24.12.2007 and the said F.I.R. was lodged on 23.12.2007 that also creates a doubt in the prosecution story. He has further submitted that there is no specific allegation made in the F.I.R. for the demand of dowry against the present applicant. He has further submitted that the allegations made in the F.I.R. are general in nature. He has further submitted that the applicant has never demanded dowry from the complainant Smt. Sapna and he has never beaten her or tortured her for the demand of dowry. He has further submitted that the applicant is in jail since 24.12.2007 and the trial of the case has not yet been started and he has got no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant Rakesh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 18.02.2008 Arti