IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 29th day of July, 2011 First Bail Application No. 491 of 2011 Criminal Side Surendra Agrawal S/o Ugra Sen Agrawal R/o Neel Kanth Residency Lauras B-1 1st Floor, 204 Model Town West-9D, Ghaziabad (U.P.) ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of FIR No. 189 of 2011 Under Section: 304B I.P.C., and ¾ Dowry Prohibition Act, Thana Rudrapur District Udham Singh Nagar -___________________________________________________________________ Hon’ble Prafulla C. Pant, J Smt. Pushpa Joshi, Advocate, present for the applicant. Shri Nandan Arya, A.G.A., present for the State. Shri D.K. Sharma, Advocate, present for the complainant. Applicant- Surendra Agrawal, who is in jail in connection with FIR no. 189 of 2011, relating to offence punishable under section 304B IPC, and one punishable -2- under section ¾ Dowry Prohibition Act, 1961, Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. Applicant is father-in-law of the deceased. It appears that applicant's son Hitesh Agrawal got married to Neelam Agrawal (deceased) on 23.11.2005. On 23.04.2011, she died unnatural death after about five and half years of marriage. Learned counsel for the applicant pleaded that applicant is an old and ailing person. Attention of this Court is drawn to the statement of Mahesh Consul (father of the deceased) and Madhu Consul (mother of the deceased), and it is submitted that the grievance of the deceased was against her husband who was a drunkard. Having considered submission of learned counsel for the parties, and after going through the papers on record, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. Accordingly, bail application is allowed. Let the applicant Surendra Agrawal, be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar . (Prafulla C. Pant, J.) Parul 29.07.2011