IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.1244 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sukhvinder Singh S/o Ajayab Singh R/o Village Bhagwanpur, Dhanaury, P.S. Kashipur, District Udham Singh Nagar ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: May 5, 2010 ____________________________________________________________________ Arising out of Case Crime No.461/2009 Under Section 304-B of IPC P.S. Kashipur, District Udham Singh Nagar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri B.D. Kandpal, learned counsel for the applicant as well as Sri Amit Bhatt, learned Additional Government Advocate for the State and also perused the record. In brief, the prosecution story is that complainant Gurmeet Singh lodged a report in Police Station Kashipur stating therein that the marriage of his daughter Virendra Kaur was solemnized with the applicant on 25.1.2009 in which he and his relatives gave articles to the applicant as per their status. After sometime, her husband (the applicant/accused) and other accused persons started committing mental and physical harassment of her daughter for bringing insufficient dowry and also for bringing car and Rs.2 Lakhs cash. Several times his daughter told him about these demands and he also went to her matrimonial house to convince her in-laws but to no avail. The applicant/accused and other accused persons threatened him to kill his daughter in case demand of dowry is not fulfilled. Thereafter on 28.8.2009 in the evening, complainant received a call on his mobile made by her daughter who told that the applicant/accused and other accused persons has administered poison to her and has detained her in the house. On this, he alongwith his other family members reached her house and found his daughter unconscious. When they made noise then the in- laws of his daughter along with them admitted her in the hospital. On 3.9.2009, his daughter died in the morning. It is also stated in the report that as the complainant was in tension and was also busy in the treatment of his daughter therefore he could not lodge the report earlier. With the same averments, the FIR was lodged by the father of deceased, namely, Gurmeet Singh on 3.9.2009 at 07:30 PM at P.S. Kashipur. The State has filed its counter affidavit along with which the statements of Gurmeet Singh, father of the deceased and Nirmal Singh, brother of the deceased, have been annexed. They have fully supported the contents of the FIR. Apart from above, medical report of the deceased and statement of medical officer has also been filed. The Medical Officer has clearly stated that the deceased has died due to consumption of poison and 20% Chlorpyriphos poison was found in the body of deceased. Perusal of the contents of the FIR and the statement of Gurmeet Singh and Nirmal Singh and other papers available on record, prima facie indicates that soon after the marriage the deceased was mentally and physically harassed by the accused/applicant for the demand of dowry and on 28.8.2009 the applicant/accused administered poison to the deceased due to non-fulfillment of demand of dowry as a result of which the deceased died in the morning of 3.9.2009. Further, the medical evidence also corroborates the contents of FIR. The deceased has died an unnatural death within eight months of her marriage in the house of her husband due to demand of dowry and soon before her death she was being harassed by the applicant/accused for the demand of dowry. Keeping in view all these facts and circumstances and looking to the gravity of offence, it is not a fit case where the applicant should be released on bail. Bail application is rejected accordingly. (Dharam Veer, J.) 05.05.2010 RG