1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 09th day of February, 2011 First Bail Application No. 1090 of 2010 Criminal Side Raj Kumar S/o Sharmanand R/o Village Niwarmandi P.S.Jaspur, Dist Udham Singh Nagar …….Applicant In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of F.I.R No. 155 of 2010 Under Sections: 498A, 302, 506 I.P.C and one punishable under section ¾ Dowry Prohibition Act, 1961. Police Station: Jaspur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. S.S.Chauhan, Advocate, present for the applicant. Mr. M.A.Khan, Brief Holder, present for the State. Applicant–Raj Kumar, who is in jail in connection with F.I.R No. 155 of 2010 ( Sessions Trial No. 3344 of 2010), relating to offences punishable under Sections 498A, 302, 506 I.P.C, and one punishable under section ¾ of Dowry Prohibition Act, 1961, police station 2 Jaspur, District Udham Singh Nagar has sought his release on bail. Heard. Learned counsel for the applicant submitted that the applicant is husband of the deceased. He referred to the copy of dying declaration filed with the counter affidavit of the state. The said dying declaration discloses that on the day of incident the applicant (husband) had gone out to attend his duties in the job. It is specifically stated by the deceased in her dying declaration that it was her mother in law who quarrelled with her, and set her on fire after pouring kerosene. 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. Bail Application is allowed. Let the applicant-Raj Kumar be released on bail on executing personal bond, and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kashipur. (Urgency Application No. 702 of 2011 also stands disposed of). (Prafulla C. Pant, J.) Vacation Judge Dt.09.02.2011 N.P