Sumit vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR No. 391 of 2024, under Section 80 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Gangnahar, District Haridwar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

This is second bail application of the applicant. His first bail application was dismissed as withdrawn on 10.01.2025.

The deceased and the applicant were married on 22.02.2019. According to the FIR, she was harrassed and tortured for and in connection with the demand of dowry. Some money was given, but despite that according to the FIR, the deceased was harrassed. In the month of June, 2024, the FIR records that the deceased was expelled from her matrimonial home and again, she was taken back on 20.06.2024. Subsequently, it was revealed that the deceased died due to poisoning on 03.08.2024.

Learned Senior counsel for the applicant would submit that the applicant had not demanded any dowry. It is not a case of dowry death. He would submit that, in fact, the deceased was a very ambitious woman. She had appeared in multiple competitive examinations, in which she was unsuccessful. The last result of CTET was declared on 31.07.2024, which she could not also cleared. Therefore, she consumed poison on 02.08.2024. Learned Senior counsel would also refer to the Whatsapp chats between the parties to argue that, in fact, in the months of June, 2024 and July, 2024, the deceased and the applicant were extending reels between them, which it is argued reveals that the relationship was not strained.

On the other hand, learned State counsel would submit that the witnesses have stated that the demand of dowry was made from the deceased. For that reason, she harassed and she committed suicide. She would submit that the forensic report also confirms that the death occurred due to poisoning.

It is the stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.

The applicant has categorically averred that due to failure in the examination, the deceased committed suicide. The Whatsapp chats have been enclosed to show that the relationship was cordial between the applicant and the deceased. In fact, the admission card and result which was declared on 31.07.2024 of Central Teachers Eligibility Test, July 2024 has been enclosed as Annexure 5.

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.