C. J.’ Court IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Original Jurisdiction Dated: Nainital the 26th day of February 2003 Crl. Misc. Bail Application No. 178 of 2003 Order on the Bail Application CRIMINAL SIDE Smt. Ashifa w/o Ashif Raza R/o Mohalla-Tarwala Qaswba-Saithal, P.S. Hafizgunj, Distt. Bareilly ………………..…. Applicant Versus State of Uttaranchal. ……………...……....……..Opposite Party ____________________________________________________________ Arising out of crime no. 177/2002 Under Sections: 302/498A/120B/201, I.P.C. Police Station: Rudrapur District: Udham Singh Nagar ______________________________________________________________________ By the Court Hon. A. A. Desai, C. J. Heard Mr. Rakesh Thapliyal, learned counsel for the applicant and learned A.G.A. The applicant is facing prosecution for the offence punishable under sections 302/498A/120B/201, I.P.C. read with section 34, I.P.C. The prosecution is principally based on the dying declaration. It certainly implicates the applicant. However, applicant Ashifa is a lady of aged about 35 years and having a kid of three and half years. It is reported that her husband is in Kuwait. In view of these circumstances, I direct that the applicant Ashifa be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the C.J.M. Udham Singh Nagar. (A. A. Desai, C. J.) Dt. 26.02.2003 A