IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 16th day of November, 2011 2nd Bail Application No.150 of 2010 Order on the Bail Application: CRIMINAL SIDE Ikram S/o Sharif R/o Village Nehandpur P.S. Laksar District Haridwar. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of Case Crime No. 95 of 2010 Under Section 304B I.P.C. olice Station-Laksar, District-Hardwar. P Hon’ble Prafulla C. Pant, J. Mrs. Farida Siddiqui, Advocate, present for the applicant. Mr. Hari Om Bhakuni, Brief Holder, present for the State. Mr. Manish Arora, Advocate, present for the complainant. Heard. Applicant Ikram, who is in jail in connection with Crime No. 95 of 2010, relating to offence punishable under Section 304B I.P.C., Police Station- Laksar, District Hardwar, has sought his release on bail. The first bail application was rejected as not pressed on 21.10.2010. It is submitted that since the first bail application was rejected, now more than one year has passed but the trial 2 has not progressed. It is stated that applicant is in jail for last more than 11/2 year. From the postmortem report, it appears that the cause of death could not be ascertained. It is pleaded in the bail application that the deceased consumed some poisoness substance and fell down on the ground. It is further pleaded that applicant was not in the house at the time of incident. From the First Information Report, itself it reflects that deceased had suspicion that applicant was having illicit relations with Sobiya (sister-in-law of the applicant), and it is not a case of dowry death. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that applicant deserves bail. The second bail application is allowed. Let the applicant Ikram, be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Hardwar. (Prafulla C. Pant, J.) 16.11.2011 JM