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Sunil Dahiya vs State of Uttarakhand

Uttarakhand High Court · Decided on 20 July 2011 · Citation: (2011) 07 UK CK 0007

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Dowry Prohibition Act, 1961 — Section 3, 4 · Penal Code, 1860 (IPC) — Section 304B, 498A
RESULT
Allowed
CASE NUMBER
First Bail Application No. 532 of 2011

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Judgment

6 paragraphs · 204 words

Prafulla C. Pant, J.—Heard.

2.

Applicant- Sunil Dahiya, who is in jail in connection with Crime/F.I.R. No. 04 of 2011, relating to offences punishable u/s 498A and 304B I.P.C, and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, police station Mukteshwar, District Nainital, has sought his release on bail.

3.

Learned Counsel for the applicant submitted that applicant''s wife died accidental death after falling down from a hill during honeymoon trip. Attention of this Court is drawn to the statement of the neighbours/witnesses who reached at the spot after the incident. It is also submitted that applicant took his wife to hospital at Haldwani, but she succumbed to injuries on her way to the hospital.

4.

On the other hand learned Counsel for the complainant pleaded that due to the demand of dowry complainant''s sister was killed.

5.

Having considered submissions of learned Counsel for the parties, and after going through the papers on record, this Court finds that it is a fit case for bail.

6.

The Bail Application is allowed. Let the 3 applicant-Sunil Dahiya 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, Nainital.