IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No. 859 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Sonu Singh @ Pramjit Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 35/2010, U/s 498A/304B/120B IPC and 3/4 Dowry Prohibition Act, PS Kunda, District Udham Singh Nagar. _______________________________________________________________ September 21, 2010 HON’BLE DHARAM VEER, J. Heard Mr. RP Nautiyal, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. In brief, the prosecution case is that on 29.5.2010 at 8.40 pm, an FIR was lodged by Chatar Singh with the averments that the marriage of his daughter Neetu Kaur was solemnized with the accused applicant in March, 2009 as per Sikh rites and he had given dowry in the marriage according to his status. But the applicant and his family members were not satisfied with the dowry given the marriage and they started harassing his daughter for more dowry and demanded a car and ornaments. Many times, his daughter came to her maternal house and told that if their demands would not be fulfilled, then her in-laws might kill her. It has been further averred that on 29.5.2010 at about 1 pm, the in-laws of her daughter sprinkled kerosene oil on the body of his daughter Neetu Kaur and set her on fire in which the daughter of the complainant got completely burnt. It is further alleged that in the said conspiracy, the applicant was also involved. On hearing the screams of his daughter, Gyani Harjeet Singh and Amarjeet Singh came at the place of occurrence and tried to put off the fire and also telephonically informed the complainant. Thereafter her daughter was brought 2 to Kashipur hospital from where she was referred to Haldwani, but in between his daughter Neetu Kaur died. Learned Counsel for the accused applicant submitted that the applicant has been falsely implicated in this case. Opposing the bail application of the accused applicant, learned Addl. GA for the State argued that the Investigation Officer has collected sufficient credible evidence against the accused applicant. He further submitted that the victim Neetu Kaur died because of the burn injuries and before her death, she had also given her dying declaration, wherein she has very specifically stated that on 29.5.2010, the applicant telephoned his father and told him to set her on fire and thereafter other co-accused after sprinkling kerosene oil on her body set her on fire. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR, dying declaration of the deceased and other papers available on record and in view of the facts and circumstances of the case, the Court is of the view that a prima facie case is made out against the accused applicant. Hence, keeping in view of the aforesaid facts and circumstances of the case and the seriousness and gravity of the offence, I do not find any ground to release the accused applicant on bail. The bail application is accordingly rejected. (Dharam Veer, J.) 21.9.2010 PRABODH