IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.76 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Aplu Ram S/o Dilaram, R/o Vill. Sundarpur Sanheer, P.S. Sundar Gaon (Butana), Distt. Karnal, Haryana ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.265 of 2008, U/s 323/504/506/498-A IPC & 3/4 of Dowry Prohibition Act and 3/10(1) of S.C./S.T. Act, P.S. Dalanwala, Distt. Dehradun Dated: January 30, 2009 Hon’ble Dharam Veer, J. Heard Sri Yogesh Pandey, learned counsel for the applicant and Sri S.S. Adhikari, learned AGA for the State. In brief the prosecution case is that the applicant along with co-accused persons were demanding dowry from the complainant-Smt. Sangita and they also tortured her physically and mentally for the demand of dowry. With the same averments, the FIR was lodged by Smt. Sangita on 18.11.2008 at 10:00 A.M. at P.S. Dalanwala, Distt. Dehradun. Learned counsel for the applicant submitted that though it was mentioned in the FIR that the applicant has beaten his wife-complainant and also caused injuries to her, however the complainant was not medically been examined and even no medical certificate was produced by the complainant before the investigating agency. He further submitted that before this FIR, the applicant also preferred a suit for Restitution of Conjugal Rights and as a counterblast, the present FIR was lodged by the complainant against the applicant. He further submitted that the applicant is in jail since last about three months and the trial has yet not been started. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant Aplu Ram be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 30.01.2009 Rajeev Dang