IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.857 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Sanjay S/o Kawal Singh, R/o village Bakarpur Police Station Laksar, District Haridwar. ---------Applicant (IN Jail) Versus State of Uttarakhand -------Opposite party Arising out of case crime No.158 of 2008 U/Ss 304, 201 I.P.C., P.S. Laksar, District- Haridwar. Dated: September 30, 2008 Hon’ble Dharam Veer, J. Heard Sri S.P.S. Panwar, learned Sr. Counsel assisted by Sri H.C. Pathak, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the state. In brief, the prosecution case is this that in the night of 25/26 June 2008 the accused/applicant was in an intoxication stage and he pressed the mouth of his son-Himanshu, aged about 1 ¼ years due to which Himanshu had died. With the same averments, the First Information Report was lodged by Poonam-wife of the applicant- accused on 26.06.2008 at 07.30 p.m. at Police Station Laksar, District Haridwar. Learned counsel for the accused/applicant has submitted that there was no intention or motive for the accused to commit murder of his own son. It is alleged in the First Information Report that the applicant was in intoxication condition. It is further submitted that Himanshu had died due to fallen down from the cot somewhere in the night and in the morning the complainant Poonam has came to know about the death of her son, as she has stated in her statement recorded u/s 161 Cr.P.C. Lastly, it is submitted that the applicant has got no criminal history before this case; and the applicant is in jail since last there months and the trial has yet not started. After considering all the fact and circumstances and hearing the learned counsel for the parties, without expressing any opinion about the final merit of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Sanjay be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Judicial Magistrate, Laksar District Haridwar. (Dharam Veer, J.) 30.09.2008 NCM: