IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 1st day of October 2008 Ist Criminal Bail Application No.708 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Gopal Singh S/o Ratan Singh R/o Village Chaur, Patwari Circle Naldhura Tehsil Tharali, District Chamoli ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: 1st October, 2008 ____________________________________________________________________ Arising out of Case Crime No.01/2008 Under Sections 307, 323, 498A, 504, 506 I.P.C. & 3/4 of Dowry Prohibition Act, 1961 Patwari Circle Naldhura, Tehsil Tharali, District Chamoli ____________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri R.P. Nautiyal, learned counsel for the applicant, Sri Anil Bisht, learned counsel for the complainant and Sri M.A. Khan, learned brief holder for the State. In brief, the prosecution case is that the marriage of Smt. Dhanwanti Devi (sister of the complainant) was solemnized with the present applicant-Gopal Singh on 10.12.2005 as per Hindu RITES. After the marriage, the applicant started harassing her for the demand of dowry. It was further averted that on 20.6.2008, the applicant beaten her so badly due to which she received injuries. With the same averments, the F.I.R. was lodged by Umed Singh, brother of the victim Smt. Dhanwanti Devi on 27.06.2008 at 9 p.m. at Patwari Circle/Police Station Tharali, District Chamoli. Learned counsel for the applicant submitted that the injury report annexed as Annexure No.7 filed along with the counter affidavit of Sri Bhan Singh, Station Officer, Police Station Tharali Chamoli, is prepared by the Medical Officer on 22.06.2008 at 10:15 a.m. and the injured was examined by him. It was opined by the Medical Officer that the injuries could be caused approximately 24- 26 hours before the date of the examination. On the basis of this injury report, learned counsel for the applicant has argued that these injuries which were shown in the F.I.R. on 20.06.2008 is not possible and it creates a reasonable doubt in the prosecution case. It is further submitted that the accused/applicant never demanded dowry from his wife Smt. Dhanwanti Devi. Learned counsel for the applicant has further submitted that the F.I.R. of the said incident was lodged after seven days of the said incident but there is no explanation about the delay in lodging the F.I.R. He has further submitted that the allegations made in the F.I.R. are general in nature and the applicant has got no criminal history before this case. It is further submitted that the applicant is in jail since last three months and the trial of the case has not yet been started. After considering all the facts and circumstances, 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 applicant-Gopal Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Chamoli. The bail application is disposed of accordingly. (Dharam Veer, J.) 01.10.2008 RG