Uttarakhand High Court
BA1/1050/2004 of SMT. MOTIMA DEVI Vs STATE on 24 December 2004
COURT OF UTTARANCHAL AT NAINITAL. ORIGINAL JURISDICTION Dated: Nainital the 5th day of January 2005 Bail Application No. 1074 of 2004 Order on the Bail Application of the accused. CRIMINAL SIDE Govindi Devi, D/o Shri Fakir Singh, R/o Village Kanidhura, Patti Dunakot, Tehsil Didhihat, District
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IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL.
ORIGINAL JURISDICTIONDated: Nainital the 5[th] day of January 2005 Bail Application No. 1074 of 2004 Order on the Bail Application of the accused.
CRIMINAL SIDE
Govindi Devi, D/o Shri Fakir Singh, R/o Village Kanidhura, Patti Dunakot, Tehsil Didhihat, District Pithoragar.
……………Accused/Applicant
Versus
State of Uttaranchal
……..Opposite Party. AND
Bail Application No. 1050 of 2004
Criminal Side
Motima Deiv D/o Shri Fakir Singh, R/o Village Kanidhura, Patti Dunakot,Tehsil Didhihat, District Pithoragar.
……………Accused/Applicant
Versus
State of Uttaranchal
……..Opposite Party.
Case crime No. 1 of 2004 Under Sections 304 (B)IPC Registered on the basis of FIR dated 12.10.2004 At Pattti Dunakot, Tehsil Didihat, District-Pithoragarh.
Hon’ble J.C.S. Rawat, J.
Heard Sri Lokendra Dobhal learned counsel for the applicant and learned GA for the state.
Perused the record. Case diary was not produced by the prosecution in spite of repeated orders of the court. It was contended that the applicants Smt. Govindi Devi, aged about42 years is sister in law of the deceased and Smt. Motima Devi, aged about 65 years is the mother in law of the deceased.
It is contended that there is no evidence that the deceased was subjected to cruelty immediately before death for the dowry.
Considering the totality, under the facts and circumstance of the present case, let the accused/applicants be released in bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the CJM concerned.
Dated: 05.01.2005 P.S.R.
(J.C.S.Rawat, J.)