Puran Chandra Kandpal and Another vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Mr. Anil Dabral, Advocate, holding brief of Mr. Yogesh Pacholia, Advocate, present for the applicants.

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

Applicants Puran Chandra Kandpal and Sanjay Kandpal, who are in jail in connection with Crime No. 816 of 2011, relating to offences punishable u/s 498A, 304B Indian Penal Code and one punishable u/s 3/4 of the Dowry Prohibition Act, 1961, Police Station Someshwar, District Almora, have sought their release on bail.

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

Learned Counsel for the applicants submitted that co-accused Hitesh Kandpal (husband) has already been granted bail by this Court vide order dated 5.1.2011.

From the papers on record, it appears that the deceased made her dying declaration before the Sub-Divisional Magistrate, wherein she has stated that she was suffering from abdominal pain and mistook poison for medicine. She has nowhere stated in her dying declaration that there was any demand of dowry or any harassment for non-fulfillment of demand of dowry.

In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicants deserve bail.

The bail application is allowed.

Let the applicants Puran Chandra Kandpal and Sanjay Kandpal be released on bail on executing a personal bond and furnishing two sureties, each of the like amount, by each one of them, to the satisfaction of Chief Judicial Magistrate, Almora.