IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 27th day of January 2009 Ist Bail Application No.56 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Smt. Idresan W/o Raees Ahmad @ Chote R/o Ward No.1, P.S. Kichha District-Udham Singh Nagar ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: January 27, 2009 ____________________________________________________________________ Arising out of Case Crime No.125/2008 Under Sections 498-A, 304-B, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act P.S. Kichha District-Udham Singh Nagar ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Mrs. Pusha Joshi, Advocate for the applicant and Mr. Nandan Arya, Addl. G.A. for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; perusal of the inquest report shows that the father and uncle of the deceased were the witnesses of inquest report; their opinion have been recorded in the inquest report that the deceased herself consumed some poison due to unknown reasons while she was going to the house of her mother-in-law (Phuphia-Saas), the fact that later on her father who was the witness of inquest report has stated that the applicant and others have killed the deceased due to non- fulfillment of dowry demand; no report was lodged just after the incident. Learned counsel for the applicant has submitted that the allegations made in the F.I.R. are general and vague in nature. She further submitted that the applicant is a sick lady. She further submitted that the co-accused Raees Ahmad @ Chotu has been released on bail by the order of this Court dated 18.12.2008 and the present applicant is also entitled for bail on the basis of parity. After considering all the facts and circumstances of the case, 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-Smt. Idresan be released on bail on executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Udham Singh Nagar. (Dharam Veer, J.) Vacation Judge 27.01.2009 RG