IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 8th day of September, 2009 First Bail Application No. 769 of 2009 Criminal Side Mustakeem S/o Taimur R/o Choti Khedi P.S. Kotwali Laksar District Haridwar. ……...Applicant Versus State of Uttarakhand ……….Opposite Party Arising out of Case Crime No. 376 of 2008 Under Sections: 304 B, 498 A, 307 I.P.C. & ¾ Dowry Prohibition Act. P.S.: Kotwali Laksar District: Haridwar. _____________________________________________________________________________ Hon’ble Prafulla C. Pant, J Heard Smt. Pushpa Joshi, Advocate for the applicant and Shri Amit Bhatt, A.G.A. for the State. Applicant-Mustakeem, who is in jail in connection with case crime No. 376 of 2008, relating to offences punishable under Sections 304 B, 498A, 307 I.P.C. and one punishable under Section ¾ Dowry Prohibition Act, 1961 P.S.: Kotwali Laksar, District-Haridwar, has sought his release on bail. Learned counsel for the applicant submitted that though the applicant is husband of the deceased but in the dying declaration, the deceased has nowhere named him. Copy of dying declaration is annexure-4 to the affidavit, filed with the bail application. Apart from this, it is contended that P.W. 1 Tasleem Ahmad (brother of the deceased), P.W. 2 Sanjeeda Begam (mother of the deceased), and P.W. 3 Km. Nagma (sister of the deceased), have not given any evidence against the applicant, before the trial court in their statements, recorded by it. Said fact has not been denied by the State. Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, in the above circumstances, this Court is of the view that applicant deserves bail. Let the applicant- Mustakeem, be released on bail on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of the Judicial Magistrate, Laksar. (Urgency application No. 2216 of 2009, also stands disposed of). Dt. 08.09.2009 (Prafulla C. Pant, J.) S