IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of January 2008 Criminal II Bail Application No. 1480 of 2007 Order on the Bail application of accused. CRIMINAL SIDE 1. Smt. Mangshiri Devi W/o Sri Hukum Singh R/o Than Barethi, Patti Bisht, P.S. Dharasu, Tehsil Chinyalisaur, Distt. Uttarkashi Applicant (In Jail) Versus State of Uttarakhand ---------Opposite party _________________________________________________ Arising out of Case Crime No.538 of 2007 U/Ss 498-A/304-B IPC & 3/4 Dowry Prohibition Act, P.S. Dharasu, Tehsil Chinyalisaur Distt. Uttarkashi Hon’ble Dharam Veer, J. This is a second bail application. The first bail application was dismissed as not pressed on 25.9.2007 and not on merit. 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 that in the night of 20.8.2007, Smt. Lalita had died due to the ante-mortem injuries in her husband’s house. For the same averments, the FIR was lodged by Vikram Singh Rawat, father of deceased Smt. Lalita on 22.8.2007 at 14:30 hours at P.S. Dharasu, Distt. Uttarakashi. Learned counsel for the applicant submitted that the present applicant is mother-in law and she is an old woman about 62 years of age and suffering from various ailments. He further submitted that there is no specific allegation against the applicant in the FIR and the allegations made against her are general in nature. He further submitted that she is in jail since 24.8.2007 and the trial has yet not been started. He further submitted that co-accused Hukum Singh, father in law of deceased, has been released on bail by this Court on 25.9.2007 and she is also entitled for bail on the basis of parity. Without expressing any opinion as to the final merits of the case, this Court is of the view, that the applicant deserves bail at this stage. Let applicant Smt. Mangshiri Devi be released on bail on her executing personal bond and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Uttarkashi. The bail application is disposed of accordingly. January 10, 2008 (Dharam Veer, J.) Rajeev Dang