HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 21st July, 2008 1st Bail Application No. 537 of 2008 Order on the bail application of the accused. CRIMINAL SIDE Dhan Singh …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.09 of 2008 U/s 304-B, 498-A I.P.C. Police Station Jhulaghat District Pithoragarh Hon’ble J. C. S. Rawat, J. Heard Mr. P.S. Bohara, Advocate for the applicant; Mr. G.S. Sandhu, Government Advocate with Mr. B.S. Parihar, Brief Holder for the respondent/State; and perused the record. The accused/applicant has been arrested in Case Crime No.09 of 2008 U/Ss 304-B & 498-A I.P.C. I have gone through the contents of F.I.R. in which it has been stated that marriage took place on 17/01/2006 in between the deceased Chandrakala and the accused Yogendra @ Narendra Singh. The accused/applicant alongwith her wife Sarswati Devi and son Yogendra @ Narendra Singh were demanding a dowry of Rs. 30,000/- from the deceased. The deceased made a telephonic call to her parental house and stated that her husband Yogendera and in-laws have been harassing her in connection with demand of dowry. According to the post mortem report, she died on 21/01/2008. The deceased died due to asphyxia as a result of ante mortem injuries. State has filed the counter affidavit in which Smt. Parvati Devi, the mother of the deceased and Smt. Pushpa, sister of the deceased have categorically stated that soon before the death, they received a telephonic call from the deceased regarding demand of dowry and harassment of the deceased by her in- laws and husband. Considering the facts and circumstance of the case in totality, it is not a fit case for bail. Accordingly, the bail application of the accused/applicant Dhan Singh is rejected. (J.C.S. Rawat, J.) Dated 21.07.2008 Shiv