HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 13th October,2008 First Bail Application No. 558 of 2008 Order on the bail application of accused. Manohar Ram and another ….. Applicants Versus State of Uttarakhand ……Opposite Party _____________________________________________________________ Case Crime No.01 of 2008 U/s 498A, 304B I.P.C and ¾ D.P. Act Patwari Circle Suri, Tehsil Ranikhet, District Almora Hon’ble J.C.S. Rawat, J. Heard Vinod Sharma, Advocate for the applicants; Mr. Nandan Arya, A.G.A. for respondent/State; and perused the record. Learned counsel for the applicant contended that there is no evidence of cruelty soon before the death in connection with the dowry demand; he referred the statement of Chandan Ram recorded on 11/04/2008 and Padma Devi, mother of the deceased on 15/05/2004 filed as counter affidavit-1 and counter affidavit-2 alongwith counter affidavit in which no specific demand have been mentioned in the said statement; he further referred the statement of Chandan Ram, father of the of the deceased which was recorded on 15/05/2008 in which it was stated that on 08/04/2008 his son-in-law Sundar Ram came to his house and demanded a sum of 15,000/- as cash which is an afterthought; the case of the prosecution is that the deceased was administered poison; and no poison was found in the vicera report which has been filed alongwith the supplementary counter affidavit dated 06/09/2008. Considering the facts and circumstances of the case; contentions of the learned counsel for the parties; documents and the statement filed alongwith the counter affidavit; and the facts and circumstances of the case in totality, I find that it is a fit case for bail. Let the accused/applicants be released on bail on each executing a personal bond and two sureties each in the like amount to the satisfaction of C.J.M., Almora. (J.C.S. Rawat, J.) Dated 13.10.2008 Shiv