IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 18th day of October, 2011 First Bail Application No. 786 of 2011 Criminal Side Raj Kumar Chauhan S/o Shri Amar Singh R/o Mohalla Julahan Police Station Kotwali Jaspur District Udham Singh Nagar ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of FIR no. 126 of 2011 Under Section: 304B, 498A IPC, and ¾ Dowry Prohibition Act, Police Station Jaspur District Udham Singh Nagar ________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Lalit Sharma, Advocate, present for the applicant. Mr. T.C. Agrawal, Addl. G.A., present for the State. Applicant- Raj Kumar Chauhan , who is in jail in connection with FIR no. 126 of 2011, relating to offences punishable under section 304B, 498A IPC, and one punishable under section ¾ Dowry -2- Prohibition Act, 1961, Police Station Jaspur, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. A Counter affidavit has been filed on behalf of the State. Same be taken on record. Learned counsel for the applicant submitted that wife of the applicant died natural death, as such, the ingredients of the offences alleged against him are not made out. Post mortem report discloses that cause of death could not be ascertained. Not only this affidavits have been filed by complainant Surat Singh and his wife Maya Devi admitting that there daughter had died natural death due to illness. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Raj Kumar Chauhan be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Urgency application no. 3873 of 2011, stands disposed of). (Prafulla C. Pant, J.) Parul 18.10.2011