HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 21st April, 2009 First Bail Application No. 307 of 2009 Order on the bail application of the accused. Pushpendra Singh S/o Raghubir Singh …….. Applicant Versus State of Uttarakhand …….. Opposite Party F.I.R. No.28 of 2009 U/S 306 I.P.C. and ¾ Dowry Prohibition Act Police Station Khatima District Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Mr. R.S. Sammal, Advocate for the accused/applicant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; averments made in the F.I.R.; perusal of the affidavit and counter affidavit filed by the parties; the fact that the Hon’ble Apex Court has held in the cases of Mahendra Singh & another Vs. State of M.P. 1995 SCC (Cri) 1157, Netai Dutta Vs. State of West Bengal 2005 AIR SCW 1326 and Sohan Raj Sharma Vs. State of Haryana 2008 AIR SCW 3202 that cruel or insulting behaviour cannot be taken to be an act of abating suicide and the ingredients of Section 306 I.P.C. is not established; the Apex Court in the case of Kishori Lal Vs. State of M.P. 2007 (3) SCC (Cri) 701 has held that merely committing torture by the accused and subsequently the deceased would have committed suicide would not be an abatement or instigation to commit suicide; and in the facts and circumstances of the case, it is a fit case for bail. Let the applicant-accused Pushpendra Singh be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 21.04.2009 Shiv