Amar Singh @ Anand Singh Dhami vs State of Uttarakhand

Dharam Veer, J.—Heard Mr. M.S. Pal, Sr. Advocate assisted by Mr. S.C. Bhatt, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State.

Learned Counsel for the accused applicant submitted that previously the FIR was lodged against the applicant u/s 304-B/506 IPC and 3/4 Dowry Prohibition Act, but after the investigation, the chargesheet has been submitted u/s 306 IPC. A copy of chargesheet has also been annexed along with the supplementary affidavit. He further submitted that FIR has lodged by Govind Singh who is the brother of the deceased and subsequent to lodging the FIR, the complainant Govind Singh as well as his mother Smt. Harli Devi have given their affidavits wherein they have not supported the averments made in the FIR. Copies of affidavits have also been filed on record. He further argued that there is no evidence available with the prosecution against the applicant to establish the charge of offence punishable u/s 306 IPC. He also submitted that the applicant is in jail since last more than two months.

Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, affidavits of the complainant and his mother Smt. Harli Devi and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage.

Let the applicant Amar Singh @ Anand Singh Dhami be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Udham Singh Nagar.

Bail application is allowed accordingly.