IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 14th October, 2008 Bail Application NO. 512 of 2008 Order on the bail application of the accused. CRIMINAL SIDE Tulsi Devi W/o Bhagwan Singh R/o Village Kharaktya Patwari Kshetra Jaitisera Tehsil Chaukhutia, district Almora …. Applicant Verus State of Uttarakhand …. Opposite Party AND Criminal Bail Application No.525 of 2008 Vinod Singh S/o Bhagwan Singh R/o village Kharaktya Patwari Kshetra Jaitisera Tehsil Chaukhutia, District Almora …Applicant Verus State of Uttarakhand …. Opposite Party Arising out of case crime No. 1 of 2008 Under Section 498-A, 304-B, 201, 120-B I.P.C. & ¾ D.P. Act Patwari Kshetra Jainti Shera Tehsil Chaukhutia District Almora Hon’ ble J.C.S. Rawat, J. Heard Mr. R.S.Sammal, learned counsel for the applicants and Mr. Nandan Arya, learned A.G.A. for the State. Perused the statements of Hemant Singh Negi recorded on 18.01.2008, Suresh Singh recorded on 23.01.2008 and Ramesh Singh Negi recorded on 23.01.2008. I have also gone through the Gumshudgi report dated 28.12.2007 lodged by the applicant, the earlier report lodged by the complainant on 29.12.2007 and the subsequent report was lodged on 04.01.2008 by the complainant. In the subsequent report, the informant has stated that the earlier report may not be taken into account and the present/fresh report may only be considered. Learned counsel for the applicants contended that in the first report, which was lodged on 29.12.2007, did not disclose any averment of cruelty committed in connection with the dowry demand and the subsequent report dated 04.01.20085 in which the informant has stated that the earlier report should not be taken into consideration shows the development that the death occurred due to the cruelty Committed in connection with the dowry demand; the allegations made in the latter report are vague in respect of the dowry demand; and the statements of the witnesses was recorded after a long delay. It was further contended that the ligature mark on the dead body of the deceased is upward around the neck; and the position which has been shown in the pthotograph annexed with the counter affidavit as well as observations of the I.O. at the place of occurrence reveals that the dead body was found hanging on a sloppy hill and it was tied with the stem of the pine tree; and the death occurred due to the suicide committed by the deceased. It was further contended that the statements of the witnesses did not disclose the prima facie case under section 304-B IPC; and it is an afterthought story narrated in the statements recorded under section 161 Cr.P.C. The first report is silent about the demand of dowry. Considering the submissions of the learned counsel for the parties, perusal of the inquest report, postmortem report and the statements of the witnesses, I deem fit and proper to release the applicants on bail. Let the applicants-accused be released on bail on executing a personal bond each and two sureties each in the like amount to the satisfaction of the magistrate concerned. (J.C.S. Rawat, J.) Dated 14.10.2008 LSR