IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.881 of 2009 Order on the Bail application of accused CRIMINAL SIDE Devendra Singh @ Babbu S/o Raghuveer Singh R/o Village Doar Patti Malla Badalpur Tehsil Satpuli, District Pauri Garhwal ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.16 of 2009, U/s 304-B IPC & 3/4 Dowry Prohibition Act, Patti Malla Badalpur Tehsil Satpuli, District Pauri Garhwal Dated: March 30, 2010 Hon’ble Dharam Veer, J. Heard Sri D.C.S. Rawat, learned counsel for the applicant and Sri Amit Bhatt, learned Addl. GA for the State. In brief the prosecution case is that the marriage of complainant’s daughter Pramila was solemnized with the applicant in the year 2006 and soon after the marriage, the applicant along which co-accused used to demand Rs.50,000/- cash and a motorcycle in dowry from the victim. When the demand was not fulfilled, complainant’s daughter Pramila was subjected to physical and mental harassment just before her death and ultimately, due to the physical and mental cruelty for non-fulfillment of dowry, the victim Pramila was murdered by the applicant and other co-accused on 20.5.2009 at the house of the applicant. Learned counsel for the applicant submitted that the applicant has falsely been implicated. Contrary to this, learned Addl. GA submitted that as per the averments made in the FIR, the deceased was subjected to physical and mental cruelty just before her death due to demand of Rs.50,000/- and a motorcycle in dowry and she has died just within three years of the marriage. In the post-mortem report of the deceased, cause of death has been opined due to asphyxia as a result of hanging. He further submitted that the averments made in the FIR also gets corroboration from the statements of the witnesses recorded by the I.O. u/s 161 Cr.P.C. of Balbeer Singh and Baldeo Singh (annexure CA2 to the counter affidavit). 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 particularly the post-mortem report of deceased and the statements of witnesses recorded u/s 161 Cr.P.C. of Balbeer and Baldeo Singh, 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.) 30.03.2010 Rajeev Dang