IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No. 712 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Manoj Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 01/2010 U/s 304B/498A IPC read with Section 3/4 Dowry Prohibition Act, Patwari Area Raigaon, District Champawat. _______________________________________________________________ September 3, 2010 HON’BLE DHARAM VEER, J. Heard Mr. RP Nautiyal with Mr. BS Adhikari, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. In brief, the prosecution case is that on 20.1.2010 at about 4 pm, an FIR was lodged by Smt. Devki Devi with the averments that her granddaughter Smt. Bhawna was married to the applicant on 14.3.2009, in which six tola gold and Rs. 75,000/- cash were given. After the marriage Smt. Bhawna was being harassed for more dowry. Therefore, Rs. 20,000/- were given to the accused/applicant on two occasions. Thereafter on 13.1.2010, the applicant came at the complainant’s house along with Smt. Bhawna and demanded Rs. 20,000/- more. The complainant showed her inability and on the next day i.e. on 14.1.2010, the applicant returned along with Smt. Bhawna. Thereafter on 18.1.2010, it was telephonically informed that Smt. Bhawna hanged herself. On the next day morning, the complainant sent her nephew Man Singh Bisht along with other villagers to Raigaon, where the dead body of Smt. Bhawna was found hanging in the forest under suspicious circumstances. It was further alleged that the applicant and other co-accused harassed Smt. Bhawna and abetted her to suicide. 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 Smt. Bhawna died within one year of her marriage and she did not die under normal circumstances and in the postmortem report, ante mortem injuries have been found on the body of deceased and cause of death has been attributed to ante mortem hanging due to asphyxia. He further argued that there is serious allegation of harassment and demand of dowry against the applicant and other co-accused. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR, post mortem report 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 and credible evidence has been collected by the I.O. to prove the involvement of accused applicant in the said crime. 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.) 3.9.2010 PRABODH 2