IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 12th day of October, 2009 1st Bail Application No. 941 of 2009 Order on the Bail Application: CRIMINAL SIDE Kamal Kant Tewari @ Kamal Tewari S/o Bhola Dutt Tewari R/o Village Jaipur Beesa, P.S. Lalkuan, District Nainital. ………… Applicant Versus State of Uttarakhand Through Secretary Home, Secretariat, Dehradun ………… Opposite Party Arising out of F.I.R. No. 76 of 2009 Under Sections: 304-B of I.P.C. Police Station: Kichha District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Mr. D.K. Sharma, Advocate present for the applicant. Mr. Lalit Sharma, Advocate present for the complainant. Mr. B.S. Parihar, Brief Holder present for the respondent State. Applicant Kamal Kant Tewari @ Kamal Tewari, who is in jail in connection with F.I.R. No. 76 of 2009, relating to offence punishable under Section 304-B of the I.P.C., Police Station Kichha, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that it was a love marriage between the applicant and the deceased, as such, question of demand of dowry does not arise. The incident is said to have taken place on 18th of May 2009. The F.I.R. is belated and was lodged only on 4th of June 2009. Attention of this Court is also drawn to the dying 2 declaration, which is annexed as Annexure 4 to the counter affidavit, in which the deceased has stated nothing about demand of dowry. Rather, she has alleged that she committed suicide after she had a quarrel with her husband. In the above circumstances, 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 Kamal Kant Tewari @ Kamal Tewari be released on bail, on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. [ (Prafulla.C. Pant, J.) Dt. 12.10.2009 H.Negi