Mahesh Chandra Joshi vs State of Uttarakhand

Prafulla C. Pant, J.—Mrs. Pushpa Joshi, Advocate, present for the applicant.

Mr. M.A. Khan, Brief Holder, present for respondent State.

Applicant Mahesh Chandra, who is in jail in connection with F.I.R. No. 06 of 2009, relating to offences punishable u/s 498A, 304B of I.P.C., and one punishable u/s 3/4 of the Dowry Prohibition Act, 1961, Patti Patwari Garjal, Tehsil Kosyakutoli (police station Bhowali), District Nainital, has sought his release on bail.

Heard learned Counsel for the parties and perused the papers on record.

Learned Counsel for the applicant submitted that though the applicant is husband of the deceased, but the allegations in substance made by the maternal uncle (complainant) of the deceased are that the in-laws of the deceased used to take too much work from her. Cause of death, as mentioned in the postmortem report, could not be ascertained. The papers filed with the bail application show that before the deceased died, she was given treatment in Sushila Tiwari Memorial Hospital, Haldwani, and also in Lok Nayak Hospital, New Delhi, regarding which learned Counsel for the applicant submitted that the applicant made every effort to save life of his wife, who was suffering from illness.

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

Let the applicant Mahesh Chandra be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Nainital.