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Judgment
Hon''ble Prafulla C. Pant, J.—Mr. Ganesh Kandpal, Advocate, present for the applicants. Mr. B.S. Parihar, Brief Holder, present for the State.
Applicants- Munnu @ Mahesh Singh and Madho Singh @ Bhagwat Singh who are in jail in connection with crime no. 1 of 2011, relating to offences punishable u/s 302, 304B, 498A IPC, and one punishable u/s 3/4 Dowry Prohibition Act, 1961, Challani Naib Tehsildar, Bhikiyasain, District Almora, have sought their release on bail.
Learned counsel for the applicants submitted that the bail application of Munnu @ Mahesh Singh (husband) is not pressed.
Heard on bail application of applicant no. 2 Madho Singh @ Bhagwat Singh.
Learned counsel for the applicant submitted that there is no specific role assigned to the applicant no. 2 Madho Singh @ Bhagwat Singh who is brotherin- law (DEVAR) of the deceased. Co-accused Parvati Devi (mother-in-law) has already been directed to be released on bail. It is further submitted that in the statement Lalita (mother of the deceased) recorded u/s 161 Cr.P.C., it is admitted that there was no demand of dowry at the time of the marriage of deceased with applicant no. 1.
In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that applicant no. 2 deserves bail. Therefore, the bail application of applicant no. 2 is allowed. Let applicant Madho Singh @ Bhagwat Singh be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of the Chief Judicial Magistrate, Almora. (The bail application of applicant no. 1 Munnu @ Mahesh Singh is dismissed as not pressed).