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2025 DAILYLAW 10356 (UTT)

SANJEEV SHARMA v. STATE OF UTTARAKHAND

BA3/60/2024 · 2025-01-08

Ravindra Maithani

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Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Third Bail Application No.60 of 2024 Sanjeev Sharma ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Ms. Divya Jain, Advocate for the applicant. Ms. Manisha Rana Singh, D.A.G. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR No. 29 of 2021, under Section 304B IPC, Police Station Vasant Vihar, District Dehradun. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. Deceased was married to the applicant on 17.06.2019. The FIR records that after marriage, she was harassed and tortured in her in-law’s house. On 13.02.2021, the deceased informed her brother that her in-laws are harassing her for dowry. In the morning, it was told that the deceased had died. FIR records that she was killed by strangulation. 4. Learned counsel for the applicant would submit that it is not dowry death. After rejection of the second bail application, PW2, Narayan Sharma, the brother of the deceased has been examined. He has revealed and admitted that the deceased never informed 2 that she was harassed for demand of dowry through any WhatsApp chats. In one of the chats, she has stated that her in-law’s house is good, therefore, she is relaxed. Reference has been made to the WhatsApp chats also. It is also argued that, in fact, the deceased was suffering from dissociated disorder. She was taking anti-depressant medicines, which is admitted by PW2, the brother of the deceased in his cross examination. 5. Learned State counsel admits these factual narrations, but she would state that PW2 in his examination- in-chief stated that the deceased was not suffering with any mental illness. 6. It is the stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings. 7. PW2, the brother of the deceased has stated that the deceased in her WhatsApp chat had communicated to him that her in-laws house is good. She is relaxed in that house. He has also admitted about two prescriptions, in which it is read by learned counsel for the applicant that the deceased has diagnosed with dissociated disorder and some 3 medicines, it is alleged have been prescribed, which are anti- depressant. 8. Having considered these all factors, this Court is of the view that it is a new ground enlarge the applicant on bail. 9. The bail application is allowed. 10. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 08.01.2025 Jitendra