IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No. 805 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Kripal Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of FIR No. 324/2010 U/s 323, 506, 498A, 304B IPC and 3/4 Dowry Prohibition Act, PS Haldwani, District Nainital. _______________________________________________________________ August 31, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Hari Om Bhakuni, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. In brief, the prosecution case is that Keshar Singh lodged an FIR on 23.7.2010 at 10.15 pm with the averments that three years ago the marriage of his sister Smt. Kastura Devi was solemnized with the accused applicant. Soon after the marriage, demand of dowry was being continuously made and on account of this, his sister was very worried and on telephone she used to narrate him the harassment being meted out to her by the accused applicant and her in-laws. At the time of incident, his sister was living with her husband (applicant) in a rented lodge in Haldwani. About 15 days ago, she telephonically informed the complainant that she was being asked to bring rupees fifty thousand and she is being threatened to be killed in case of failure to do so. She expressed her apprehension that she might be killed. On 23.7.2010 at 8 am, the complainant was telephonically informed by his relatives that his sister has died. When he came at Haldwani, he came to know that his sister died by hanging. It was further averred by the complainant that he is sure that his sister has been killed by the accused applicant, about which his sister had also earlier expressed her apprehension. Learned Counsel for the accused applicant submitted that the applicant has been falsely implicated in this case and in fact, the deceased committed suicide by hanging herself because of frustration. Opposing the bail application of the accused applicant, learned Addl. GA for the State argued that the deceased did not commit suicide, rather she was killed. He further argued that in the post mortem report, two ante mortem injuries have been found on the body of the deceased and cause of death attributed is asphyxia as a result of ante mortem strangulation. He further submitted that the marriage was solemnized only three years ago and there is allegation of dowry and further the deceased did not die in normal circumstances, rather she died on account of cruelty and harassment being meted out to her by the accused applicant and his family members for dowry and bodily injuries were also present on the body of the deceased. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR, post mortem report and other papers available on record and in view of the facts and circumstances of the case, the Court is of the view that a prima facie case is made out against the accused applicant. Hence, keeping in view the gravity and seriousness of the offence and the facts and circumstances of the case, I do not find any ground to release the accused applicant on bail at this stage. The bail application is accordingly rejected. (Dharam Veer, J.) 31.8.2010 PRABODH 2