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Uttarakhand High Court

Bhupal Singh Manral And Another vs State Of Uttarakhand on 28 November, 2016

Author: U.C. Dhyani

Bench: U.C. Dhyani

BA I No. 1425 of 2016
Hon'ble U.C. Dhyani, J.

Mr. Saurav Adhikari, Advocate present for the applicant.

Mr. R.K.Sah, Deputy Adv. General with Mr. V.S.Pal, A.G.A, present for the State.

Mr. Lalit Sharma, Advocate present for the complainant.

Applicants-Bhupal Singh Manral and Smt. Bhagwati Manral, who are in jail in connection with Case Crime No. 96 of 2016 under Section 304B of I.P.C., registered at Police Station-Mukhani, District Nainital, have sought their release on bail.

Heard learned counsel for the parties, considered the grounds taken up in the bail application and perused the documents brought on record.

The applicants are respectively father-in-law and mother-in-law of the victim, who died within one year of her marriage under unnatural circumstances. The allegation is that the applicants harassed the victim to such an extent that either she committed suicide or she was done to death. The cause of death, according to Medical Officer, is asphyxia as a result of hanging which is ante-mortem in nature and sufficient to cause death in ordinary course of nature. There is no ante- mortem injury, except the ligature mark. The applicants are in jail since 17.08.2016. It is the submission of learned counsel for the applicants that there are telephonic recordings and typed conversation thereof between the husband and the deceased, due to which victim committed suicide.

Considering the entire conspectus of things, the Court is of the opinion that a case of bail is made out in favour of the present applicants.

Let the applicants be released on bail on their each executing a personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of the Magistrate concerned.

(U.C. Dhyani, J.) 28.11.2016 NP