Aarif v. State of Uttarakhand

Arising out of F.I.R. No.62/2011 u/s 498-A, 304-B, 323 of I.P.C. and 3/4 of Dowry Prohibition Act, 1961, Thana Kunda, District Udham Singh Nagar Hon(cid:146)ble Prafulla C. Pant, J. Smt. Pushpa Joshi, Senior Advocate assisted by Sri Amit Kapri, Advocate, present for the applicant. Sri M.A. Khan, Brief Holder, present for the State. Heard. Applicant Aarif, who is in jail in connection with F.I.R. No.62 of 2011, relating to offences punishable under section 498-A, 304-B, 323 of I.P.C. and one punishable under section 3/4 of Dowry Prohibition Act, 1961, has sought his release on bail. Learned counsel for the applicant submitted that marriage of the applicant with the deceased was six years 2 old. Attention of this Court is drawn to Annexure-1 annexed with the counter affidavit, filed on behalf of the State, which is copy of dying declaration, recorded by the Sub Divisional Magistrate, Kashipur. In the dying declaration, the deceased has stated that she caught accidental fire. She has further stated that nobody has set her on fire. It is also pleaded on behalf of the applicant that it was the applicant who took his wife to hospital in an attempt to save her life. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The bail application is allowed. Let applicant Aarif be released on bail on executing a personal bond and furnishing two sureties, each of like amount, to the satisfaction of Additional Chief Judicial Magistrate, Kashipur.

15.12.2011 Rajni (Prafulla C. Pant, J.)