High Court of Uttarakhand allowed bail application of applicant father-in-law and mother-in-law charged with murder and dowry harassment under Sections 323, 504, 498-A and 302 IPC.
Release of accused-applicants on bail on executing a personal bond each and furnishing two sureties, each of like amount.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION Dated : Nainital the 12th May, 2014
First Bail Application No.87 of 2014 Order on the bail application of accused
CRIMINAL SIDE
Nandan Prasad and another … Applicants
versus
State of Uttarakhand … Respondent
Mr. Dinesh Chauhan, Advocate for the applicants. Mr. S. S. Adhhikari, Brief Holder for the respondent State.
U.C. Dhyani, J. (Oral)
The applicants seek bail in connection with FIR & Case Crime no.3 of 2013, under Sections 323, 504, 498-A, 302 IPC Challani Circle Patwari Khestra Khankar Nyeb Tehsildar, Bageshwar / Kafaligair.
Heard learned counsel for the parties, considered the grounds taken in the bail application and perused the documents on record.
An FIR was lodged against 4 named accused, including the present applicants for the offences punishable under Sections 323, 504, 498-A, 302 IPC. The incident allegedly took place on 29.12.2013 and the FIR was lodged on 30.12.2013 at 5:54 PM. The applicants are the father-in-law and mother-in-law of the victim respectively. The marriage of Sunil Kumar (non-applicant) was solemnized with the victim in the year 2005 and the alleged incident took place in 2013. The allegation of dowry harassment was levelled in the FIR, but since the incident took place after
-2-
more than 7 years of marriage of the victim with Sunil Kumar (non-applicant), therefore, the FIR was lodged under Section 302 IPC. The cause of death of the victim was asphyxia due to antemortem hanging. The signs of strangulation are not manifested in the postmortem report. No signs of ante-mortem injuries were found, when the inquest report was prepared.
Considering the above facts and circumstances, a case of bail is made out in favour of the present applicants. The bail application is allowed. Let the accused-applicants be released on bail on their executing a personal bond each and furnishing two sureties, each of the like amount to the satisfaction of the C.J.M., Bageshwar.
Dated 12th May, 2014 Rawat
2 issues framed by the court
Whether bail is maintainable in a copyhold case under Sections 323, 504, 498-A and 302 IPC against father-in-law and mother-in-law of the deceased.
Whether the facts and circumstances of the case disclose a case for grant of bail.
1 provisions across 1 enactments
Nandan Prasad and another
State of Uttarakhand
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
