IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 30th day of November 2009 Ist Bail Application No.1009 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Dhiraj Negi S/o Manvar Singh Negi ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 30, 2009 ____________________________________________________________________ Arising out of Case Crime No.235 of 2009 Under Sections 323, 498A, 306, 304-B, 506 IPC and 3/4 of Dowry Prohibition Act P.S. Patelnagar, District Dehradun ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Lokendra Dobhal, 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 Smt. Seema has committed sucide due to her husband’s (applicant) over drinking habit. He further submitted that on 30.7.2009 dying declaration of the deceased Smt. Seema was recorded by the Tehsildar wherein she had stated that the applicant came drunk at home. She asked him not to drink and for that reason some altercation took place between them and due to anger she committed sucide. It is further submitted on behalf of the applicant that no allegation of demand of dowry has been made against the applicant in the dying declaration. Learned counsel for the applicant further submitted that the applicant has no criminal history; he is in jail since 1.8.2009 and the trial of the case has yet not been started. 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 applicant deserves bail at this stage. Let the applicant-Dhiraj Negi 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.) 30.11.2009 RG