Phool Kumar vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR/Case Crime No.236 of 2023, under Section 304B IPC, Police Station Kotwali Laksar, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 21.02.2021, the applicant and the deceased both were married. As per the prosecution, the applicant had married the deceased. But, after the marriage, the deceased was harassed and tortured in the house of the applicant in connection with the demand of dowry, on 08/09.03.2023, the deceased committed suicide.

Learned counsel for the applicant would submit that the marriage between the applicant and the deceased was a love marriage; there was no demand of dowry; the deceased was never harassed for demand of dowry; the deceased had left a diary revealing as to what had happened to her, according to which, she has doubt about the character of the applicant, which was unfounded. It is argued that in the diary, the deceased had not stated anything about demand of dowry or any cruelty for that reason.

Learned State Counsel would submit that the parents of the deceased have supported the prosecution case. Although, he admits that in the diary, the deceased has not written anything about harassment or cruelty due to demand of dowry, but she has stated about the extramarital relations of the applicant and that he used to do maar-peet with her.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.