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2024 Supreme(UK) 500

RAVINDRA MAITHANI
Ravindra – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Arvind Vashistha, Senior Advocate assisted by Mr. Vivek Pathak, Advocate
For the Respondent:Mr. K.S. Bora, D.A.G. with Mr. J.P. Kandpal, Brief Holder, Mr. Shashi Kant Shandilya, Advocate

JUDGMENT :

Ravindra Maithani, J. (Oral)

Applicant Ravindra is in judicial custody in FIR No.987 of 2022, under Sections 304-B, 316 and 302 IPC, Police Station Kotwali Laksar, District Haridwar. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. According to the FIR, the deceased, aged 26 years, married with the applicant on 16.02.2020. They were blessed with a baby boy, who was one and a half years of age on the date of incident. The deceased was pregnant for about 6 months. On 15.10.2022, the informant, who happens to be the brother of the deceased, got an information that the deceased is unwell. They were required to proceed to Laksar. The doctor declared her dead. The FIR records that at the relevant time, the applicant told it to the informant that the deceased fell on the ground, but the informant noticed that there was a spot around the neck of the deceased.

4. Learned Senior Counsel for the applicant would submit that it is not a case of dowry death. He would refer to the statement of the brothers of the deceased, namely, Brij Pal and Shiv Kumar, to argue that both these witnesses have not stated that any demand of dowry was mad

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