IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 11th day of October, 2011 1st Bail Application No.848 of 2011 Order on the Bail Application: CRIMINAL SIDE Ganesh Saduki @ Suraj, S/o Navnath R/o Mohalla Shankar Nagar, Near Dutt Hotel, Chandan Nagar, Pune, Maharashtra, Presently R/o Mohalla Mukherjee Nagar, Transit Camp, Rudrapur P.S. Rudrapur, District Udham Singh Nagar. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of F.I.R. No. 477 of 2010, Under Section 304 I.P.C., Police tation- Rudrapur, District –Udham Singh Nagar. S Hon’ble Prafulla C. Pant, J. Mr. D.N.Sharma, Advocate, present for the applicant. Mr. S.S.Adhikari, A.G.A., present for the State. Heard. Applicant Ganesh Saduki @ Suraj, who is in jail in connection with F.I.R. No. 477 of 2010, relating to offence punishable Under Section 304 I.P.C., Police Station- Rudrapur, District Udham Singh Nagar, has sought his release on bail. Applicant is a father of the deceased (a young boy aged five years). It is a case of culpable homicide not amounting to murder. The child said to have died after he was beaten by the 2 applicant (father) as he (deceased) did not stop following him, on his way to the office. The applicant is in jail for last more than one year. In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that the applicant deserves bail. Therefore, the bail application is allowed. Let the applicant Ganesh Saduki @ Suraj 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, Udham Singh Nagar. (Prafulla C. Pant, J.) 11.10.2011 JM