Uttarakhand High Court
BA1/1041/2008 of MOHAN RAM Vs STATE OF UTTARAKHAND on 29 December 2008
UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 29th December, 2008 1st Bail Application No. 1041 of 2008 Order on the bail application of the accused. Mohan Ram S/o Sri Dharam Ram ………. Applicant Versus State of Uttarakhand ……. Opposite Party
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HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 29[th] December, 2008 1[st] Bail Application No. 1041 of 2008
Order on the bail application of the accused.
Mohan Ram S/o Sri Dharam Ram ………. Applicant VersusState of Uttarakhand ……. Opposite Party ____________________________________________________________
In Case Crime No. 196 of 2008 U/s 306 & 498-A I.P.C. and ¾ Dowry Prohibition Act Thana Kapkot District Bageshwar Hon’ble J. C. S. Rawat, J.
Heard Mr. B.S. Adhikari, Advocate for the applicant; Mr. Amit Bhatt, Addl. G.A. for the State; and perused the record.
After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; the fact that the allegations of cruelty are of general nature; there is no evidence that immediately before the death she was instigated to commit the suicide; the fact that the F.I.R. was lodged after inordinate delay; the fact that no specific averments of the dowry have been made against the applicant; the fact that marriage took place about nine years ago; and in the facts and circumstances of the case, it is a fit case for bail.
Let the accused/applicant be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate.
Dated 29.12.2008 Shiv
(J.C.S. Rawat, J.)