IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 7th day of September, 2011 First Bail Application No. 716 of 2011 Criminal Side 1. Smt. Hasrati, W/o Late Shri Gulzar D/o Shri Tahir Hassan, R/o Village Nathepur P.S. Deoband, District Saharanpur At present R/o Mohalla Matawala Near Hassanbagh Johar Kasba Landhiora P.S. Kotwali Manglaur, District Haridwar 2. Smt. Jamila, W/o Tahir Hassan R/o Mohalla Matawala Near Hassanbagh Johar Kasba Landhiora P.S. Kotwali Manglaur, District Haridwar ……...Applicants ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of crime no. 213 of 2011 Under Section: 302, 201 I.P.C. Police Station Kotwali Manglaur District Haridwar -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Rajendra Singh, Advocate, present for the applicants. Mr. B.S. Parihar, Brief Holder, present for the State. Mr. Jayvardhan Kandpal, Advocate, present -2- for the complainant. Applicants- Hasrati and Jamila, who are in jail in connection with crime no. 213 of 2011, relating to offences punishable under section 302, 201 IPC, Police Station Kotwali Manglaur, District Haridwar, have sought their release on bail. Heard learned counsel for the parties. Both the applicants are women. Applicant no. 1 is wife, and applicant no. 2 is mother-in-law of the deceased. It is a case of circumstantial evidence, and there is no eye witness of the commission of murder. It is pointed out on behalf of the applicants that the inquest report does not show any external injury on the body of the deceased. Post mortem report shows that cause of death could not be ascertained. It is argued on behalf of the applicants that the deceased was a narco addict. On the other hand, learned counsel for the complainant pleaded that the deceased has been murdered by his wife, and in -laws as the relations between the wife and husband were not cordial. Learned counsel for the applicants submitted that had that being so, deceased would not have gone to his wife's parental house. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicants deserve bail. The bail application is allowed. Let the -3- applicants Hasrati and Jamila be released on bail on executing personal bond by each one of them, and furnishing two sureties for each one of them, each of the like amount to the satisfaction of Judicial Magistrate, Roorkee. (Prafulla C. Pant, J.) Parul 07.09.2011