IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 3rd day of December 2009 Ist Bail Application No.1184 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Suresh Painuli and another ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 3, 2009 ____________________________________________________________________ Arising out of Case Crime No.1/2009 Under Sections 498A and 304B IPC P.S. Budkot, Tehsil Pratap Nagar, District Tehri Garhwal ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Virendra Kaparwan and Sri Sandeep Kothari, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. G.A. for the State and perused the record. Learned counsel for the applicant has submitted that the present applicants, namely, Suresh Painuli and Smt. Sauna Devi are the brother-in-law (JETH) and sister-in-law (JETHANI) of the deceased Smt. Pramila Devi. It is further submitted that although the applicants were named in the F.I.R. but on completion of the investigation, they were not charge-sheeted as no prima facie evidence was collected by the I.O. against them, during investigation. Charge sheet was submitted only against the accused Ganesh Painuli (husband). It is further submitted that after recording the evidence of the complainant and other witnesses, the prosecution has moved an application u/s 319 Cr.P.C. to summon the applicants along with other co-accused and the court below on the said application summoned the applicants to face the trial. Learned counsel for the applicant has further submitted that no specific allegation has been made against the applicants in the F.I.R.; they are not at all beneficiary of the demand of dowry and even they were living separately from the deceased and her husband. It is further submitted that the co-accused Smt. Bhuvneshwari Devi has been granted bail by this Court vide dated 30.11.2009 and the present applicants are also entitled for bail on the basis of parity. After considering all the facts and circumstances; hearing learned counsel for the parties; on perusal of the contents of the F.I.R.; and other papers available in file, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage. Let the applicants, namely, Suresh Painuli and Smt. Sauna Devi be released on bail on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Tehri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) 03.12.2009 RG