Cr.M.P.(M) No. 1209 of 2008 26.11.2008 Present: Mr. Nimish Gupta, Advocate for the petitioner. Mr. Rajinder Dogra, Addl. A.G. for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for the grant of bail to the petitioner in the case F.I.R. No. 73 of 2008 dated 30.7.2008 registered at Police Station, Chowari, District Chamba under Sections 306, 498-A and 34 of the Indian Penal Code. Mr. Nimish Gupta, Advocate has strenuously argued that his client is an innocent person and has been falsely implicated in the case. He then contended that his client for most of the time was away to Gujarat, thus, the theory propounded by the prosecution that due to cruelty his wife has committed suicide is not plausible. The learned Additional Advocate General has opposed the bail application. The learned Additional Advocate General has produced the report for the perusal of the Court. The case of the prosecution is that the petitioner married Smt. Swarna Devi one and half years back. When Smt. Swarna Devi visited her maternal home, she told her family that her in-laws are not happy with the dowry. The petitioner was employed in the State of Gujarat and had gone to Gujarat after one and half months of marriage. The girl went to her maternal home. She remained there for one year. The petitioner came back from Gujarat three months back. He took Smt. Swarna Devi with him to his house. There was an altercation between Smt. Swarna Devi, her mother-in-law, her brother-in-law and the petitioner at 11.00 p.m. on the fateful night. The police has recovered broken bangles, plastic bottle containing small quantity of kerosene oil and match box. It has come in the report of the FSL that the death of deceased occurred due to burn injuries. In the opinion of the Medical Officer also, the death occurred due to neurogenic shock caused due to burn (100%) and asphyxia. The Court after taking into consideration the medical report and FSL report and other attending circumstances is of the opinion that the petitioner has not made out a case for his release on bail. Consequently, the application for bail is dismissed. The observations made in this order are for the disposal of this application and these shall not be treated as an expression/opinion on the merits of the case. (Rajiv Sharma), J. November 26, 2008. (cr)