IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.122 of 2010 Order on the Bail application of accused CRIMINAL SIDE Ikram S/o Imran ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of FIR No.145 of 2009, U/s 304-B IPC, P.S. Jaspur, Distt. U.S. Nagar Dated: March 17, 2010 Hon’ble Dharam Veer, J. Heard Sri D.C.S. Rawat, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is that the marriage of complainant’s daughter Shabana was solemnized with the applicant on 12.10.2008 and soon after the marriage, the applicant started demanding a Motorcycle in dowry from Shabana. When the demand was not fulfilled, complainant’s daughter Shabana was subjected to physical and mental harassment and ultimately, she was burnt alive by pouring kerosene oil by the applicant and his family members. Learned counsel for the applicant submitted that the applicant has falsely been implicated. Contrary to this, learned Brief Holder submitted that as per the averments made in the FIR, the deceased was set at fire by the applicant and his family members by kerosene oil. Soon before her death she was subjected to physical and mental harassment for the demand of a motorcycle in dowry and she has died just within one year of the marriage. In the post-mortem report of the deceased, cause of death was assigned shock due to burn injuries, which also proves the averments made in the FIR. The deceased had died within one year of her marriage and soon before her death, the applicant had demanded a motorcycle in dowry. After considering the above-said facts and circumstances, on hearing learned counsel for the parties, contents of the FIR and other papers available on record, it is not a fit case where the applicant is entitled for bail. The bail application is liable to be rejected and is accordingly rejected. (Dharam Veer, J.) 17.03.2010 Rajeev Dang