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2020 DIGILAW 511 (UTT)

SUMIT v. STATE OF UTTARAKHAND

2020-11-28

RAVI MALIMATH

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JUDGMENT Ravi Malimath, A.C.J. The case of the prosecution is that on 04.06.2019, complainant Dheeraj Pal Singh lodged a report with police station Prem Nagar, Dehradun stating that the marriage of his daughter (deceased) was solemnized with the present accused on 24.11.2016 at Dehradun. He bore all the expenses of marriage. After marriage, the accused started living with his daughter and started to torture her. He committed serious acts of violence on her. They (accused) demanded a car as dowry. On 09.01.2018, Rs. One Lakh was transferred to the account of the deceased in order to pacify the situation but the behaviour of the applicant did not change. Even after the birth of a daughter out of the wedlock, the torture of the applicant continued. The deceased hanged herself in the house. In the FIR, the husband – the present applicant, father-in-law, mother-in- law and sister-in-law were arrayed as accused. After lodging of the FIR, investigation was taken up by the police. The applicant moved bail application no. 103 of 2020 before the Sessions Judge, Dehradun, which was dismissed by the order dated 05.02.2020. Hence, the present bail application. 2. Learned counsel for the applicant submits that there is no allegation against the applicant. All the other co-accused except the applicant have been enlarged on bail, therefore, the applicant should also be enlarged on bail. 3. The same is disputed by Shri J.S. Virk, learned deputy advocate general appearing on behalf of the State. 4. On hearing learned counsels, I do not find any merit in this bail application. There are serious allegations of torture levelled against the applicant. There is substantial material to indicate that the applicant is involved in the commission of the offence. The applicant meted out physical and mental torture to the deceased. Whether the deceased died due to hanging or strangulation, or otherwise, is a matter to be decided by the trial Court. From the material available on record, it is sufficient to conclude that a prima facie, case exists against the applicant - husband of the deceased. 5. Hence, for all these reasons, I do not find any ground to enlarge the applicant on bail. Consequently, the bail application is dismissed.