High CourtsSingle Bench(2011) 08 UK CK 0118

Sanjay Thapa vs State of Uttarakhand

Uttarakhand High Court · Decided on 24 August 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Allowed
CASE NUMBER
1st Bail Application No. 677 of 2011

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Judgment

6 paragraphs · 172 words

Prafulla C. Pant, J.—Heard.

2.

Applicant Sanjay Thapa, who is in jail in connection with Crime No. 311 of 2002, relating to offences punishable u/s 498A, 304B I.P.C. Police Station- Kotwali, District Dehradun has sought his release on bail.

3.

Applicant is husband. His wife is said to have committed suicide in the year 2002. Perusal of the copy of First Information Report shows that the allegations of cruelty are only against the mother-in-law and sister-in-law (JETHANI). The statement of the complainant recorded u/s 161, also does not disclose the role of the applicant as to making demand of dowry or committing cruelty for non-fulfillment thereof.

4.

In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that applicant deserves bail.

5.

The bail application is allowed.

6.

Let the applicant Sanjay Thapa, be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Dehradun.