IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of June, 2010 Ist Bail Application No. 539 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Dharmendra Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 02/2010, U/s 498-A, 304-B, 506 IPC and 3/4 of Dowry Prohibition Act, PS Chalani, Naib Tehsildar – Salt, District Almora. _______________________________________________________________ June 18, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Sanjay Bhatt, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that love marriage had taken place between the applicant and Smt. Neetu on 25.1.2010 at Arya Samaj Mandir, Sanganer, Jaipur and the father of the deceased was serving in Rajasthan State Road Transport Corporation at Jaipur. Thereafter on 26.1.2010, Smt. Neetu came back along with her father to her maternal house at village Nail, Tehsil Salt, District Almora and she was continuously living there along with her mother. Thereafter on 16.3.2010, Smt. Neetu committed suicide by consuming some poisonous substance. Learned Counsel for the applicant argued that it was an inter-caste marriage and since the applicant belonged to Scheduled Caste and the girl Smt. Neetu belonged to upper caste, hence her father was not happy with the said marriage and he did not allow her to live with the applicant after the marriage and brought her to native village. The applicant tried his level best to take her wife back, but her parents refused to send her along with the applicant and, therefore, she committed suicide in her aforementioned maternal house. He further argued that there was no demand of any dowry as it was a love marriage which happened with the consent of the applicant and Smt. Neetu and both of them were major at the time of marriage and since she was not allowed to live with her husband i.e. the applicant, hence she committed suicide in her maternal house on 16.3.2010 and the FIR could be lodged on 20.3.2010. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Dharmendra Singh be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Almora. Bail application is allowed accordingly. (Dharam Veer, J.) 18.6.2010 PRABODH 2