IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION First Bail Application No. 45 of 2011 Order on the Bail application of accused. CRIMINAL SIDE Mohan Singh S/o Sri Nain Singh, R/o village Nawagaon, Post Office Kosal, Patti Nagun, District Tehri Garhwal. ………… Applicant (In Jail) Versus State of Uttarakhand ………..Opposite party _______________________________________ Arising out of case crime no. 03 of 2010, Under Section 304-B, 498-A I.P.C. and Section ¾ Dowry Prohibition Act. Revenue Police Station Bayargaon, District Tehri Garhwal. Dated: January 24, 2011 Hon’ble V.K. Bist, J. Mr. Lokendra Dobhal, learned counsel for the accused/ applicant. Mr. G.S. Sandhu, Govt. Advocate and Mr. Nandan Arya, A.G.A. for the State. Heard learned counsel for the parties. Learned counsel for the applicant has submitted that the applicant is aged about 74 years having several old aged diseases and he is residing separately from his son Attar Singh, since the date of marriage of his son; the applicant has no criminal history and the applicant is in jail since 18.12.2010. He also submitted that marriage of the son of the applicant was solemnized on 26.11.2002 and thereafter 7 years have passed, as such the case does not fall within the purview of dowry death, therefore, no case under Section 304-B I.P.C. is made out against the applicant. Having heard learned counsel for the parties and after perusal of the material available on the record and 2 without expressing any opinion about the merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the accused/applicant Mohan Singh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. concerned. Bail application stands disposed of. (V.K. Bist, J.) Vacation Judge 24.01.2011 NCM: