IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 20th day of July, 2010 Bail Application No. 590 of 2010 Order on the Bail Application: CRIMINAL SIDE Gurdev Raj S/o Jaipal R/o Village Mithapur, P.S. Mulana District Ambala, Haryana At Present No. 6939029 A Hawaldar Det Works Shop Station EME Ranikhet, P.S. Ranikhet, District Almora. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Crime No. 231 of 2010 Under Sections: 498-A / 304-B of I.P.C. Police Station: Kotwali Ranikhet District: Almora. Hon’ble Prafulla C. Pant, J. Mr. B.D. Kandpal, Advocate, present for the applicant. Mr. M.A. Khan, Brief Holder, present for respondent State. Applicant Gurdev Raj, who is in jail in connection with crime No. 231 of 2010, relating to offences punishable under Section 498- A, 304-B of I.P.C., Police Station Kotwali Ranikhet, District Almora, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that the complainant Ved Prakash (brother of the deceased), after death of 2 Anita (wife of the applicant), lodged first information report on 04.04.2010 i.e. two days after the death against the applicant in respect of offence punishable under Section 306 of I.P.C., at police station Ranikhet. In said report there is no mention of demand of dowry or as to the cruelty or harassment of the deceased for non- fulfillment of demand of dowry. What has been mentioned in the first information report is that the applicant did not let his wife make telephone calls to her parental side. Learned counsel for the applicant submitted that actually the deceased was tense because she could not have a child out of the matrimony. It is contended that the prosecution by improving the story has now converted the case to one punishable under Section 498-A and 304-B of I.P.C. It is argued that there can’t be two first information reports of the same crime. Perusal of the postmortem examination report shows that the deceased has died as a result of asphyxia due to hanging. 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. The bail application is allowed. Let the applicant Gurdev Raj be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Almora. (Prafulla.C. Pant, J.) Dt. 20.07.2010 H.Negi