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HIGH COURT OF UTTARAKHAND AT NAINITAL

First Bail Application No. 542 of 2025

Pawan Rawat ….....Applicant

Versus

State of Uttarakhand

….….Respondent

Present:-

Mr. Siddharth Tomar, Advocate for the applicant, through video

conferencing.

Ms. Manisha Rana Singh, Deputy Advocate General for the State.

Hon’ble Ravindra Maithani, J. (Oral)

The applicant Pawan Rawat is in judicial custody in

Sessions Trial No. 98 of 2022, State of Uttarakhand v. Pawan

Rawat and others, pending in the court of First Additional Sessions

Judge, Rishikesh, District Dehradun, which is based on FIR Case

Crime No. 12 of 2022 dated 27.02.2022 under Section 304-B IPC,

Police Station Rani Pokhri, District Dehradun. He has sought his

release on bail.

2. Heard learned counsel for the parties and perused the

record.

3. Deceased Arti and the applicant were married on

12.12.2021. The FIR records that post marriage, the deceased was

harassed and tortured for and in connection with demand of dowry.

On 26.02.2022, at 07:00 in the evening, the deceased spoke to her

elder sister. She was crying. On 27.02.2022, at 07:00 in the morning,

the applicant visited the paternal home of the deceased and told that

the deceased had sustained injuries and she has been taken to

Himalayan Hospital, Jollygrant, Dehradun. Subsequently, when the

family members of the deceased visited the hospital, they found that

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the deceased had died 10 hours prior. The FIR records that the

applicant had illicit relations with some other girl, therefore, he killed

the deceased.

4. Learned counsel for the applicant submits that it is not a

case of dowry death. He submits that in order to bring home the guilt

of Section 304-B IPC is that that death was other than under normal

circumstances and there had been a demand of dowry. He submits

that in the instant case, the post-mortem report did not detect the

cause of death, therefore, viscera and heart both were kept for forensic

examination. He submits that the forensic report pertaining to heart

does not confirm that the cause of death was by poisoning, because

the muscles of heart were not soft and flabby. He refers to the Modi’s

Textbook of Medical Jurisprudence and Toxicology, 22^nd Edition,

Section II – Toxicology, page 88, wherein it is stated that in the cases

of poisoning, the post-mortem appearance reveals sometimes soft and

flabby heart.

5. It is also argued that in order to get the viscera

examined, what is to be preserved for viscera and other articles in case

of suspected poisoning is given in the medical jurisprudence books. He

refers to page 104 of Section I – Medical Jurisprudence of the Modi’s

Textbook of Medical Jurisprudence and Toxicology, 22^nd Edition,

wherein it is given that what should ordinarily be preserved for

examination. It is also argued that there had been no demand of

dowry.

6. On the other hand, learned State Counsel submits that

the marriage took place on 12.12.2021 and the death took place on

26.02.2022, which is within two months of the marriage; there had

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been a demand of dowry; as also, the cause of death is by poisoning,

as confirmed by forensic examination; witnesses have stated about

demand of dowry.

7. It is also informed that all the prosecution witnesses have

been examined and the now the matter is fixed for arguments.

8. It is a stage of bail. Much of the discussion is not

expected of. The discussion is being made with a caveat that any

observation made in this order should not have any bearing at trial.

9. Various statements of the witnesses have been referred

to. A deeper scrutiny, at this stage, should be avoided. But, the fact

remains that the witnesses have stated about the demand of dowry as

well. There are two forensic science laboratory reports. One pertaining

to heart, which is dated 06.08.2022 from the Department of Forensic

Medicine & Toxicology, Himalayan Institute of Medical Sciences, Jolly

Grant, Dehradun. According to this report, autopsy specimen of heart

shows focal pulmonary calcification. With regard to soft and flabby

heart muscle, i