IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of November, 2011 First Bail Application No. 923 of 2011 Criminal Side Arvind Sharma S/o Late Bhola Nath Sharma R/o Ward No. 6 Rampura, P.S. Rudrapur District Udham Singh Nagar ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of FIR no. 50 of 2011 Under Section: 313, 323, 325, 504, 506, 406, 498A, 34 IPC and ¾ Dowry Prohibition Act Thana Dineshpur District Udham Singh Nagar ________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mrs. Pushpa Joshi, Senior Advocate, assisted by Mr. Amit Kapri, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. Mr. Deepak Sharma, Advocate, present for the complainant. Applicant- Arvind Sharma who is in jail in connection with FIR no. 50 of 2011, relating to -2- offences punishable under section 313, 323, 325, 504, 506, 406, 498A, 34 IPC and one punishable under section ¾ Dowry Prohibition Act, 1961, Police Station Dineshpur, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. The First Information Report is got lodged under section 156 (3) of Cr.P.C., by the informant (wife of the applicant) who is an Advocate in the District Court of Udham Singh Nagar. Learned counsel for the applicant pleaded that had the applicant demanded any dowry or beaten the informant she being an Advocate could have easily lodged FIR and not moved any application after years of alleged demand of dowry. It is also pointed out that it is a case of inter-caste love marriage and there was no question of demand of dowry. On the other hand, learned counsel for the complainant and the learned counsel for the State pointed out that applicant has a criminal history. Having considered submissions of learned counsel for the parties, and after going through the statement of the complainant recorded under section 161 Cr.P.C., by the Investigating Officer (copy Annex. 3 to the affidavit) this court is of the view that applicant deserves bail. -3- The bail application is allowed. Let applicant Arvind Sharma be released on bail on executing personal bond , and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Parul 01.11.2011