IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.1202 of 2009 Order on the Bail application of accused CRIMINAL SIDE Rajesh S/o Suchhanand R/o Village Subhashgarh, P.S. Pathri, District Haridwar (UP) ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of Case Crime No.199 of 2009, U/s 304-B IPC, P.S. Pathri, Distt. Haridwar Dated: May 12, 2010 Hon’ble Dharam Veer, J. Heard Mr. R.P. Nautiyal, Adv. for the applicant and Mr. Amit Bhatt, learned Addl. G.A. for the State. Learned counsel for the applicant submitted that he has falsely been implicated and no credible evidence has been collected against him by the I.O. Further, in the post- mortem report of deceased Seema, cause of death could not be found, hence viscera was preserved. Now, in the Viscera Report also, it has come that no poison has been found in the report. Learned Addl. GA also conceded to this point. Further, co-accused Suchanand has been granted bail by this Court on 18.11.2009 and the present applicant also deserves bail on the basis of parity. Further, the applicant is in jail since last more than six months and he has no previous criminal history and in the trial also, the evidence has yet not been started. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Rajesh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. Bail application is allowed accordingly. 12.05.2010 Rajeev Dang (Dharam Veer, J.)