1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of December, 2011 First Bail Application No. 1095 of 2011 Criminal Side Pooran Chandra Joshi S/o Late Sri Trilokmani Joshi R/o village Baggha-54 P.S. Khatima District Udham Singh Nagar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No. 176 of 2011 Under Sections: 304B of I.P.C Police Station: Khatima District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. S.K.Mandal, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. Heard. 2 Applicant– Pooran Chandra Joshi, who is in jail in connection with F.I.R. No. 176 of 2011, relating to offence punishable under section 304B of I.P.C, Police Station Khatima, District Udham Singh Nagar, has sought his release on bail. Applicant is father in law of the deceased. No specific role has been assigned to him. The First Information Report is delayed by three days. Though the death of the deceased has occurred within one year of the marriage, but dying declaration given by the deceased to Nayab Tehsildar (copy of Annexure-3) shows that the deceased has stated that she got burn injuries due to accidental fire. She further told the Magistrate (Nayab Tehsildar) that there was no one present in the house. The dying declaration appears to have been recorded in the presence of Emergency Medical Officer of Community Health Center, Khatima. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the 3 applicant- Pooran Chandra Joshi, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Judicial Magistrate, Khatima. (Prafulla C. Pant, J.) Dt.01.12.2011 Nahid