Arvind Sharma vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Applicant-Arvind Sharma who is in jail in connection with FIR no. 50 of 2011, relating to offences punishable u/s 313, 323, 325, 504, 506, 406, 498A, 34 IPC and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Police Station Dineshpur, District Udham Singh Nagar, has sought his release on bail.

Heard learned counsel for the parties.

The First Information Report is got lodged u/s 156(3) of Criminal Procedure Code, by the informant (wife of the applicant) who is an Advocate in the District Court of Udham Singh Nagar. Learned counsel for the applicant pleaded that had the applicant demanded any dowry or beaten the informant she being an Advocate could have easily lodged FIR and not moved any application after years of alleged demand of dowry. It is also pointed out that it is a case of inter-caste love marriage and there was no question of demand of dowry. On the other hand, learned counsel for the complainant and the learned counsel for the State pointed out that applicant has a criminal history.

Having considered submissions of learned counsel for the parties, and after going through the statement of the complainant recorded u/s 161 Criminal Procedure Code, by the Investigating Officer (copy Annex. 3 to the affidavit) this court is of the view that applicant deserves bail.

The bail application is allowed. Let applicant Arvind Sharma be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar.