IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 08th day of January, 2008 Criminal Bail Application No.21 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Smt. Sarwari W/o Jahoor R/o Village Bhangari, P.S. Kotwali Roorkee, District Haridwar. ....Applicant(In Jail) Versus State of Uttarakhand .........Opposite Party Arising out of Case Crime No. 379 of 2007 Under Sections 304-B/498-A of I.P.C. & 3/4 Dowry Prohibition Act, Police Station Kotwali Roorkee, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Manish Arora, learned counsel for the applicant and Sri S.K. Shandilya, learned counsel for the complainant as well as Sri Harish Pujari, learned Additional Government Advocate for the State. In brief the prosecution case is that deceased Musaiyada had committed suicide on 4.11.2007. It was averted in the FIR, that deceased Musaiyada had committed suicide due to the demand of dowry by the present applicant along with other co-accused. With the same averments, the FIR was lodged by Sri Dilshad, brother of deceased Musaiyada on 5.11.2007 at 3:20 A.M. in Police Station Kotwali Roorkee, District Haridwar. Learned counsel for the applicant has submitted that there is no specific allegation made against the present applicant and the allegation made in the FIR is general in nature. He has further submitted that the applicant is an old lady about 57 years old and ailing with various diseases. He has further submitted that the applicant is the mother-in-law of deceased and she is living separately from deceased Musaiyada and her husband Ishrar. He has further submitted that the applicant is not at all benefited by the demand of dowry and she had never demanded dowry and Motor Cycle from the deceased. Learned Addl. GA has submitted that the dying declaration of deceased Musaiyada was recorded by the Magistrate. In the dying declaration deceased Musaiyada has not made any allegation against the present applicant. He has further submitted that the applicant is in jail since 6.11.2007 and she has got no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, this court is of the view that the present applicant deserves bail at this stage. Let applicant Smt. Sarwari be released on bail on her executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) January 08, 2008 ARTI