IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 28th November, 2008 Criminal Bail Application No.946 of 2008 Order on the bail application of accused CRIMINAL SIDE Bhura S/o Gulab Sah ….Applicant Versus State of Uttarakhand ….Opposite Party Arising out of FIR No.441 of 2008 Under Sections 304-B I.P.C. and 3/4 Dowry Prohibition Act P.S. Rudrapur District U.S. Nagar Hon’ble J.C.S. Rawat, J. Heard Mr. S. K. Mandal, Advocate for the applicant and Mr. Amit Bhatt, Addl. G.A. for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; the fact that the present applicant is the brother-in-law (Dewar) of the deceased; perusal of the statements of complainant-Mohd. Ahmad (father of the deceased), Laiek Ahamd (brother of the deceased) and Fharook (brother of the deceased) recorded on 08.09.2008, 28.09.2008 and 28.09.2008 respectively reveal that they exonerated two sister-in-law of the deceased namely, Mohd. Nisha and Jubeda, whereas in the FIR both ladies were implicated; the aforesaid witnesses have stated in their statements that the deceased has stated their involvement in the crime; the averments made against the present applicant are of vague nature; in any way the present applicant would not the beneficiary of dowry demanded; it has been stated in the FIR that the victim was beaten by her in-laws as well as by her husband, but the postmortem report does not at all correspond with the injuries shown in the inquest report; and considering the facts and circumstances of the case, it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 28.11.2008 LSR