IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of June, 2010 Ist Bail Application No. 591 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Bhagwat Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Crime No. 01/2006, U/s 304-B, 498-A IPC and 3/4 of Dowry Prohibition Act, PS Naib Tehsildar, Chaukhtiya, District Almora. June 18, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Amish Tiwari, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant submitted that on 15.8.2005, Smt. Neema (now deceased) had gone along with some other ladies for cutting the grass and she fell from the hill and received injuries. Immediately thereafter she was taken to Ranikhet Hospital by the applicant and thereafter she was taken to AIIMS, New Delhi because of her serious condition. Later on she was referred to Batra Hospital, New Delhi and ultimately she died on 24.8.2005 during the course of her treatment. The post mortem was conducted on 26.8.2005 at Safdurjung Hospital, New Delhi and as per the opinion of the Medical Officer given in the post mortem report she died due to “Craniocerbral injuries caused by blunt force impact. All the injuries are ante mortem in nature and consistent to—Fall from Height”. He further submitted that thereafter complainant moved an application on 7.11.2005 before the District Magistrate, Almora on the basis of which, an enquiry was ordered and the same was conducted by Naib Tehsildar, who submitted a detailed report dated 13.2.2006 after the inquiry and he came to the conclusion that Smt. Neema received injuries due to fall from the hill by accident, copy of that report has been annexed as Annexure No. 6 to the bail application. The SDM after affirming this report has forwarded the same to the District Magistrate. Learned 2 Counsel for the applicant further submitted that inquiry report of the Naib Tehsildar which was approved by the SDM is also corroborated by the post mortem report. Complainant Trilok Singh, father of the deceased was also present at the time of preparation of inquest report as well as the time of cremation. He further submitted that after more than nine months of the alleged incident, the FIR was lodged on 29.5.2006 and this FIR has been lodged only to harass the applicant and in order to pressurize him to give rupees two lakhas as was earlier demanded by the complainant. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR, post mortem report, inquiry report of the Naib Tehsildar and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Bhagwat Singh be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Almora. Bail application is allowed accordingly. (Dharam Veer, J.) 18.6.2010 PRABODH