BA1/1153/2003 of KISHAN SINGH Vs STATE on 30 December 2003

IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL

Original Jurisdiction

Dated: Nainital: the 30[th] day of December, 2003 Crl. Bail Application No. 1153 of 2003

Order on the Bail Application :

CRIMINAL SIDE

Kishan Singh, S/o Sri Lachham Singh, R/o Gulzarpur Banki, P.S. Haldwani, District Nainital ………. Applicant

Versus

State of Uttaranchal ……… Opposite Party

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Arising out of Crime No. 4491 of 2003 Under Sections: 304B, 498A, 504 I.P.C. & ¾ Dowry Prohibition Act Police Station: Haldwani, District: Nainital.

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Hon’ble P.C. Verma, A.C. J.

Heard Mr. Vijay Bhatt, learned counsel for the applicant and learned Government Advocate.

The applicant is the husband of the deceased posted in Army. The applicant is facing prosecution for the offence punishable under sections 304B, 498A, 504 I.P.C. & 3/4 Dowry Prohibition Act.

According to the applicant, on the day of incident, he was in the quarters of the Military and no permission was sought by him to leave the quarter to go to his in-laws place, where the death of the deceased took place. In the post- mortem report, it is mentioned that the cause of death could not be ascertained.

Considering the facts and circumstances of the case, I direct that the applicant namely Kishan Singh be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the C.J.M., Nainital.

(P.C. Verma, A.C.J.)