Coram Hon'ble N.S. Dhanik, J. considering bail application in dowry death case. Court allowed bail on interim merits without expressing opinion on final case merits, directing execution of personal bond with two sureties.
Release on bail by executing personal bond and furnishing two reliable sureties each of like amount to satisfaction of Court.
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| BA1 No. 1639 of 2021 Hon’ble N.S. Dhanik, J. |
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| Mr. Bhuwan Bhatt, learned counsel for the applicant. Mr. V.S. Rathore, learned A.G.A. for the State. This is first bail application moved by the applicant who is in jail in connection with FIR No. 112 of 2021, offences punishable under Section 304- B IPC, registered at PS Lalkuan, District Nainital. Heard learned counsel for the parties and considered the grounds taken up in the bail application. Learned counsel for the applicant submits that applicant has falsely been implicated in the instant crime; has no previous criminal history and is languishing in jail since 11.06.2021. He further submits that the present applicant is residing at Dehradun and the married sister of the co-accused, namely Neeraj Singh, whose wife Manisha committed suicide. He further submits that neither the applicant was present on the alleged spot nor the applicant has any connection with the deceased. He also submits that since the brother of the applicant solemnized marriage with the deceased without any consent of the family members, therefore, neither the applicant nor the family members participated in the marriage ceremony. He further submits that the State in its counter affidavit, |
| admitted the contents of para 4 & 5 of |
|---|
| the bail application to the extent that the present applicant is the sister of the co-accused, namely Neeraj Singh and residing at Dehradun. Furthermore, the contents of para 6 & 7 is also admitted to the extent that the Ration Card of the present applicant, being matter of the record. He also submits that in case, the applicant is granted bail, he |
| will not misuse the same and will |
| furnish the bail surety as per the satisfaction of the Court. Learned State Counsel opposed the bail application on the ground that the present applicant demanded the |
| dowry from the deceased and her |
| family members and tortured the deceased on account of demand of |
| dowry. Furthermore, the deceased died within one and half year of her marriage in unnatural circumstances. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. The bail application is allowed. Let the applicant be released on bail, on executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (N.S. Dhanik, J.) 04.08.2021 AK |
2 issues framed by the court
Whether the applicant deserving bail in view of charges under Section 304-B IPC for dowry-related death.
Whether procedural considerations alone suffice to grant interim bail without final merits assessment.
1 provisions across 1 enactments
Applicant
State
N.S. Dhanik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
