High CourtsSingle Bench(2011) 01 UK CK 0026

Hansi vs State of Uttarakhand

Uttarakhand High Court · Decided on 4 January 2011

HON’BLE JUDGES
Prafulla C. Pant, J
CASE NUMBER
I Bail Application No. 04 of 2011

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Judgment

5 paragraphs · 188 words

Prafulla C. Pant, J.—Applicant Smt. Hansi, who is in jail in connection with Crime No. 816 of 2010, relating to offences punishable u/s 498A, 304B of I.P.C., and one punishable u/s 3/4 of Dowry Prohibition Act, 1961, police station Someshwar, District Almora, has sought her release on bail.

2.

Heard learned Counsel for the parties.

3.

Learned Counsel for the applicant submitted that applicant is a woman. It is further pointed out that in the dying declaration recorded by the Sub Divisional Magistrate (copy Annexure -4), it is clear that the deceased had stated that by mistake she took poison as a medicine, as she was suffering from abdominal pain. She has further stated that she has not been harassed by anyone.

4.

In 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. The bail application is allowed.

5.

Let the applicant Smt. Hansi be released on bail on her executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Almora.