IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.803 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Smt. Sulochana Devi W/o Sri Vashwa Nand, R/o village Tiloth, Patti Barhagarhi, Tehsil Bhatwari, Police Sation Kotwali, District Uttarkash. --------Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party _______________________________________________ Arising out of case crime No.33 of 2008 U/Ss. 498-A, 304B, 120-B I.P.C. and u/s ¾ Dowry Prohibition Act. P.S.Kotwali, District- Uttarkashi. Dated: October 3, 2008 Hon’ble Dharam Veer, J. Heard Sri Lokendra Dobhal, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is this that the deceased Smt. Sangeeta was married to Chandra Shekhar Mishra on 04.12.2004. After the marriage, her husband started harassing her for the demand of dowry. On 28.04.2008, the complainant-Mohan Lal received information that his daughter is in District Hospital. Then, he went to the hospital and there he found that his daughter has died. It is further alleged that the present accused/applicant, alongwith, the co- accused, names of whose are mentioned in the F.I.R., has committed murder of her daughter. With the same averments, the First Information Report was lodged by Mohan Lal on 29.04.2008 at 10:45 a.m. at Police Station Kotwali, Uttarkashi. Learned counsel for the accused/applicant has submitted that the present applicant is Mother-in-law of the deceased and she was living separately from Chandra Shekhar and his wife-deceased Sangeeta. He has further submitted that no allegation of dowry just before the death of Sangeeta is made against the present accused/ applicant in the F.I.R. and even no specific allegation of the said crime is made against the present accused/applicant to connect her with the said crime. It is further submitted that the allegations made against the present applicant in the F.I.R. are general in nature. 2 Lastly, it is submitted that the accused/applicant is in jail since 15.07.2008 and the trial of the case has yet not started. It is further submitted that the co-accused Satya Narayan (DEVER of the deceased) has already been released on bail vide this Court’s order dated 29th September 2008 and on the basis of parity the applicant is also entitled to bail. After considering all the fact and circumstances and hearing the learned counsel for the parties, without expressing any opinion about the final merit of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Smt. Sulochana Devi be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Uttarkashi. (Dharam Veer, J.) 03.10.2008 NCM: