Mahavir Singh vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard.

Applicant Mahavir Singh, who is in jail in connection with Crime No. 03 of 2011, relating to offences punishable u/s 306, 498A I.P.C., and one punishable under 3/4 Dowry Prohibition Act, 1961, Revenue Police Station- Kandarsyun-3, Tehsil Thalisain, District Pauri Garhwal, has sought his release on bail.

Learned counsel for the applicant submitted that the post mortem report suggests that the deceased committed suicide as the cause of death as mentioned "asphyxia due to ante-mortem hanging". Attention of this Court is also drawn to the copy of suicide note (copy annexed as annexure no.2 to the affidavit filed with the bail application) in which, it is nowhere mentioned by the deceased, if she was ever subjected to cruelty by her husband or if he made any demand of dowry. Perusal of the copy of the inquest report filed with the counter affidavit shows that present applicant was not in the house when his wife Usha committed suicide.

In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that applicant deserves bail.

The bail application is allowed. Let the applicant Mahavir Singh, be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Pauri Garhwal.