Har Prasad v. Under Sections: 498 A

Dated: Nainital: the 10th day of October, 2006 First Bail Application No. 919 of 2006 Criminal Side Har Prasad S/o Lal Ji R/o Sanjay Nagar, Khera P.S Rudrapur District Udham Singh Nagar ……….. Applicant State of Uttaranchal ………. Opposite Party Versus Arising out of Crime No. 3044 of 2006 Under Sections: 498 A, 304 B I.P.C. and 3/4 Dowry Prohibition Act. P. S.: Rudrapur District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Heard Shri M.K. Goyal, learned counsel for the applicant and Shri Amit Bhatt, learned A.G.A. for the State. Applicant- Har Prasad, who is in jail in connection with crime No. 2445 of 2006, relating to offence punishable under Sections 498A, 304 B I.P.C. and relating to offence punishable under Section 3/4 Dowry Prohibition Act, 1961, P.S. Rudrapur, District- Udham Singh Nagar, has sought his release on bail. From the First Information Report, it appears that it is alleged against the applicant that he administered poison to the deceased but it is also apparent from the said report that the deceased was rushed to the clinic of one Dr. Bathla for treatment of the deceased and an information was sent to the complainant (father of the deceased). The applicant is father-in-law of the deceased and it is argued that he is a old person. Considering the age of the applicant and the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. Let the applicant-Har Prasad be released on bail on executing personal bond and on furnishing two sureties, 2 each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Dt. 10.10.2006 S