IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of September, 2009 First Bail Application No. 868 of 2009 Criminal Side 1. Devi Prasad Badoni S/o Late Bala Dutt 2. Smt. Shabha Devi W/o Devi Prasad Badoni Both are R/o Village Kothad Agency Mohalla Srinagar (Garhwal) District Pauri Garhwal. ……...Applicants Versus State of Uttarakhand ……….Opposite Party Arising out of Case Crime No. 1961 of 2009 Under Sections: 304B, 498A I.P.C. & ¾ Dowry Prohibition Act, 1961. P.S.:Srinagar District: Pauri Garhwal. _____________________________________________________________________________ Hon’ble Prafulla C. Pant, J Heard Shri Navneesh Negi, Advocate for the applicants, and Shri M.A. Khan, Brief Holder for the State. Applicants-Devi Prasad Badoni and Smt. Shabha Devi, who are in jail in connection with case crime No. 1961 of 2009, relating to offences punishable under Sections 304 B, 498A I.P.C. and one punishable under Section ¾ Dowry Prohibition Act, 1961, P.S.:Srinagar, District-Pauri Garhwal, have sought their release on bail. Learned counsel for the applicants submitted that applicant No. 1 is father-in-law and applicant No. 2 is mother-in-law of the deceased. It is pointed out on behalf of the applicants that marriage between the deceased and son of the applicants was a love marriage and there was no question of demand of dowry on the part of the applicants. The allegations made in the First Information Report clearly show that demand, if any, was made to the deceased was by her husband. The cause of death, as per the post mortem examination report is asphyxia due to hanging. Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that applicants deserve bail. Let the applicants- Devi Prasad Badoni and Smt. Shabha Devi, be released on bail on executing personal bond by each one of them and furnishing two sureties, for each one of them, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Pauri Garhwal Dt. 22.09.2009 (Prafulla C. Pant, J.) S