2025:UHC:1453 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL 1st Bail Application No. 2149 of 2024 Dayal Singh and Hema Singh ......Applicants Vs. State of Uttarakhand …..Respondent Mr. Bhuwan Bhat, learned Advocate, for the applicants. Mr. S.C.Dumka, learned AGA, for the State of Uttarakhand. Hon’ble Ashish Naithani, J (Oral) Present Bail Application has been moved on behalf of the applicants Dayal Singh (male aged about 58 years) and Hema Devi (female aged about 56 years), R/O Manav Vihar, Nathuwala, District Dehradun. The applicants are in judicial custody in Case Crime/FIR No. 259 of 2024, registered under Section 80(2) Bhartiya Nyaya Sanhita, 2023, at Police Station Raipur, District Dehradun. 2. Heard learned counsel for the applicants and learned counsel for the State. 3. At the very outset, it is contended on behalf of the applicants that they have been languishing in jail since 27.07.2024 and both of them are aged persons. The deceased died in suspicious circumstances that has been coloured into dowry death; whereas there has been no any instance of demand of dowry in the present matter. 4. The applicants have falsely been implicated in the present matter as there is no motive, whatsoever, made out as per the allegations made by the complainant. The whole matter is a concocted and false so far as the role of the applicants is concerned. 5. As per report, statement or evidence available on record so far, there is no mention relating to demand of dowry that they have been alleged for or any mention they have to be any wrong against the deceased that would substantiate the role of the applicants in the entire prosecution story. It is also contended that in the marriage of the deceased and the son of the applicants 2 there was no such demand of dowry that could arise. The deceased continued to reside in her matrimonial house that indicates that there was no such incident of harassment, otherwise, she could have gone to the Police herself or by her parents would have taken her. 6. Reference has been made to some photographs annexed with the application, whereby it is stated that the photographs so enclosed with the bail application that deceased is seen content and happy that indicates her to be in good terms with the applicants and the family. It is prayed that the applicants are entitled to be released on bail. 7. The bail has been strongly opposed on behalf of the State stating that the deceased has categorically complained regarding atrocities that was done towards her by her husband and in-laws and there was specific allegations of dowry demand. 8. She has categorically complained in the Women Help Line on 18th September, 2023, whereby the matter was re-conciliated on 22nd October, 2023. As per, (annexure-9), which is, the Autopsy Report, the cause of death is shown as “Ante-mortem hanging to Asphyxia which is sufficient enough to cause death in ordinary course of nature.”. It is further stated “However to rule out any associated poisoning those mentioned samples are sealed preserved for FSL toxicological analyses”. 9. It is contended that the postmortem report clearly shows that the victim was so much in trouble and stress because of the atrocities done towards her by in-laws and her husband and whatever statements would have been recorded by the Police was for corroborating the fact that the present case of the deceased is because of Dowry demand and the applicants are also responsible for the same. 10. After hearing learned counsel for the parties, perusing of the records, at this juncture, without going into merits of the Case, I do not find any relevancy regarding demand of dowry and the atrocities that could link to the death of the deceased by the applicants, who happen to be her mother-in-law and father-in-law, both are aged 58 and 56 respectively and are languishing in jail since 27.07.2024. 11. This Court finds it appropriate to grant bail to the applicants while ensuring safeguards to prevent any interference in the trial. 3 ORDER 12. Accordingly, the bail application is allowed. Let the applicants Dayal Singh (male aged about 58 years) and Hema Devi (female aged about 56 years), R/o Manav Vihar, Nathuwala, District Dehradun, who are in jail, in Case Crime/FIR No. 259 of 2024, registered under Section 80(2) Bhartiya Nyaya Sanhita, 2023, at Police Station Raipur, District Dehradun, be released on bail subject to furnishing of their personal bond and two reliable sureties each in the like amount to the satisfaction of the concerned court. (Ashish Naithani, J.) 28.02.2025 Kaushal