HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 23rd October, 2008 Bail Application No. 559 of 2008 Order on the bail application of the accused. Sachin Mandal @ Sachin Haldar ……. Applicant Versus State of Uttarakhand ……. Opposite Party ____________________________________________________________ Case Crime No. 3280 of 2007 U/s 304-B I.P.C. Police Station Kichha District Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Mr. D.K. Sharma, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. Learned counsel for the accused/applicant contended that there is no iota of evidence in the statement of the mother Smt. Asha that the deceased was subjected to cruelty in connection with the dowry demand soon before the death; Arjun Izzatdar, brother of the deceased and Sudhir Izzatdar, father of the deceased have only stated in their statement that the accused/applicant had committed the murder of the deceased due to non fulfillment of the dowry demand; there is no averment in the F.I.R. that the accused/applicant had ever demanded dowry from the father or the deceased after the marriage soon before the death; there is no statement of the witnesses what was demanded from the accused/applicant; and the allegations are vogue. Considering the submissions of the learned counsel for the parties; facts and circumstances of the case in totality; affidavit & counter affidavit filed by the parties; and the statement of the witnesses, I find that it is a fit case for bail. Let the accused/applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat,, J.) Dated 23.10.2008 Shiv