IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 29th day of September 2008 Ist Criminal Bail Application No.848 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Smt. Sampatti Devi W/o Jaswant Singh R/o Village Arkandai Dhar Patti Sawali, Tehsil-Thailisain District Pauri Garhwal ……Applicant (In Jail) Versus State of Uttarakhand ….….Opposite party Dated: 29th September, 2008 _______________________________________________________________ Arising out of Case Crime No. 01 of 2008 Under Sections 304B, 201 I.P.C. & 3/4 Dowry Prohibition Act Patti Sawali- 1 Patwari Circle Sawali- 1 District – Pauri Garhwal. _______________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri D.C.S. Rawat, learned counsel for the applicant and Sri Prabhakar Joshi, learned brief holder for the State. In before, the prosecution case is this, that deceased Neelam was married to Narendra Singh, S/o Jaswant Singh on 26.4.2007 as per Hindu RITES. The accused along with co-accused persons, namely, Narendra Singh, Jaswant Singh, Umesh Singh, Smt. Lakshmi Devi, Smt. Beena Devi started demanding dowry after the marriage. It was averted that on Smt. Neelam died on 11.05.2008 by consuming some poisonous substance and the information was given to the complainant-Vikram Singh through telephone on the same day. With the same averments, FIR was lodged by complainant-Vikram Singh on 7.6.2008 at 4:15 p.m. at Patwari Patti Sawali, Tehsil-Thailisain, District-Pauri Garhwal. Learned counsel for the applicant has submitted that the allegations made against the present applicant is not specific. He has further submitted that the complainant Vikram singh was present at the time of the cremation but he lodged the F.I.R. on 7.6.2008 after 27 days of the said incident and there is no explanation about the delay in lodging the F.I.R. He has further submitted in Para no.13 of the affidavit filed along with the bail application that the co-accused persons-Umesh Singh, Smt. Laxmi Devi and Smt. Beena Devi have been released on bail by the order of the Sessions Judge, Pauri Garhwal. Learned brief holder for the State has also conceded this point. Learned counsel for the applicant has further submitted that the present applicant is also entitled for bail on the basis of parity. He has further submitted that applicant-Smt. Sampatti Devi is mother-in-law of the deceased Neelam and the deceased and her husband were living separately from her. He has further submitted that the applicant is an old woman and ailing with serious diseases. She is in jail since 18.7.2008 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-Smt. Sampatti Devi 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., Pauri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) 29.09.2008 RG