IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 30th December, 2011 Order on the bail application of accused 3rd Bail Application No. 27 of 2011 CRIMINAL SIDE Khajan Lal S/o Sri Dumdu Lal R/o Village Dharali, Patti/P.S.-Barkot, District Uttarkashi …Applicant Versus State of Uttarakhand …Opposite Party Arising out of Case Crime No. 17/2010 (S.T. No. 16/2010) Under Section 302 I.P.C. Police Station Barkot, District Uttarkashi Hon’ble Tarun Agarwala, J. Heard Mr. Sandeep Kothari, the learned counsel for the applicant and Mr. T.C. Agarwal, the learned A.G.A. for the State. This is the third bail application. The first bail application was rejected as not pressed by an order dated 11.11.2010. The second bail application was rejected on merit by an order dated 16.5.2011. Having heard the learned counsel for the parties, the Court finds that the marriage was more than 10 years old. It appears that the deceased was strangulated. The applicant is the husband. It has been stated at the bar that most of the witnesses have been examined by the trial court and that the trial is almost over and is awaiting the viscera report, which, till date, has not been given. In the light of the aforesaid, the cause of death has not as yet been ascertained. In the light of this fact and the fact that the marriage was more than 10 years old and that the applicant is behind bars since September, 2010, the Court hereby directs that the applicant is entitled to be enlarged on bail at this stage. The third bail application is allowed. Let the applicant be released on bail in connection with Case Crime No. 17/2010 (S.T. No. 16/2010), under Section 302 I.P.C., Police Station Barkot, District Uttarkashi, on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (Tarun Agarwala, J.) Dated 30.12.2011 SP