IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 30th day of November 2009 Ist Bail Application No.1151 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Smt. Bhuvneshwari Devi ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 30, 2009 ____________________________________________________________________ Arising out of Case Crime No.1/2009 Under Sections 498A and 304B IPC P.S. Budkot, Tehsil Pratap Nagar, District Tehri Garhwal ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Sandeep Kothari, learned counsel for the applicant, Sri Amit Bhatt, learned Addl. G.A. for the State as well as Sri Anurag Bisaria, Advocate holding brief of Sri H.M. Raturi, learned counsel for the complainant and perused the record. Counter affidavit filed by the State be taken on record. Learned counsel for the applicant submitted that the present applicant-Smt. Bhuvneshwari Devi is the mother- in-law of the deceased Smt. Pramila Devi. She is an old lady, aged about 75 years and is ailing with serious diseases. It is further submitted that although the applicant was named in the F.I.R. but on completion of the investigation, present applicant was not charge-sheeted as no prima facie evidence was collected by the I.O. against her, during investigation. Charge sheet was submitted only against the accused Ganesh Painuli (husband). It is further submitted that after recording the evidence of the complainant and other witnesses, the prosecution has moved an application u/s 319 Cr.P.C. to summon the applicant and the court below on the said application summoned the applicant to face the trial. Learned counsel for the applicant further submitted that no specific allegation has been made against the applicant in the F.I.R.; she is not at all beneficiary of the demand of dowry and even she was living separately from the deceased and her husband. After considering all the facts and circumstances; hearing learned counsel for the parties; on perusal of the contents of the F.I.R.; and other papers available in file, 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. Bhuvneshwari Devi be released on bail on her executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Tehri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) 30.11.2009 RG