IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 8th day of December 2009 Ist Bail Application No.1095 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Smt. Shakuntala Devi W/o Sri Dharmanand Balodi ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 8, 2009 ____________________________________________________________________ Arising out of Case Crime No.01/2009 Under Sections 498-A, 304-B of IPC and 3/4 of Dowry Prohibition Act Patwari Circle Silkakhal (Kirti Nagar) District Tehri Garhwal ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Lokendra Dobhal, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. G.A. for the State and perused the record. Learned counsel for the applicant has submitted that the present applicant is the mother-in-law of the deceased Smt. Rekha. He further submitted that no specific allegation has been made against the applicant in the F.I.R. and even the allegations which are made in the F.I.R. are general in nature. He further submitted that the applicant was residing separately with her husband from the deceased and her husband and she is not at all beneficiary of the demand of dowry. It is further submitted that the co- accused Dharmanand Balodi has been released on bail by this Court vide order dated 3.12.2009 and the present applicant is also entitled for bail on the basis of parity. It is further submitted on behalf of the applicant that the applicant is 55 years old lady and is ailing with several diseases. It is further submitted that the applicant has no criminal history; she is in jail since 4.9.2009 and the trial of the case has yet not started. 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. Shakuntala 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. Bail application and Urgency Application No.3317/09 both stand disposed of accordingly. (Dharam Veer, J.) 08.12.2009 RG