Short Term Bail No. 1325 of 2007 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of January 2008 Second Short Term Bail Application No. 40 of 2008 Order on the Short Term Bail Application of accused. CRIMINAL SIDE [ Bahawan Singh Danu S/o Madan Singh Danu, R/o Indiranagar, II Tralee Line Bindukhatta, P.S. Lalkuan Applicant (In Jail) Versus State of Uttarakhand -------Opposite Party __________________________________________________________________ Arising out of Case Crime No. 524 of 2007, U/Ss 8/20 of NDPS Act, P.S. Lalkuan, Distt. Nainital Hon’ble Dharam Veer, J. Heard Sri M.S. Pal, Sr. Advocate assisted by Sri V.S. Pal, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. Learned senior counsel for the applicant submitted that the wife of the applicant is a heart patient and her life is in danger and the doctor has advised her to get the higher treatment in AIIMS New Delhi. He further submitted that there is no one in the family of the applicant to look after his wife and he has also annexed the medical certificates issued by the concerned doctors as Annexure 1 to the bail application collectively. He further submitted that the wife of the applicant is in danger due to the proper diagnose of the aforesaid disease. These facts have also been stated by the applicant disease. These facts have also been stated by the applicant in paragraphs no.5 and 6 of his affidavit filed along with the bail application. He further submitted that after the proper treatment and diagnosis by the AIIMS in New Delhi or some important hospital of the country, the wife of the applicant may recover and the proper treatment should be given otherwise the life of wife of the applicant is in danger. From the above said facts and circumstances and in view of the fact that the wife applicant is in danger and there is no one to look after the wife of applicant and her proper treatment and diagnosis is o be done by the AIIMS New Delhi or some important hospital of the country, the Court is of the vie that it would be expedient in the interest of justice to release the applicant for short term bail for three weeks in order to provide proper medical treatment to the wife of applicant. In view of the above, let applicant Bahawan Singh Danu be released on short term bail for a period of three weeks from the date of his release from the jail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the Special Judge, Narcotics Drugs & Psychotropic Substances Act, 1985, Distt. Nainital. After expiry of period of three weeks from the date of release from the jail, the applicant will surrender himself before the Special Judge, NDPS Act, Nainital. The second short-term bail application is disposed of accordingly. (Dharam Veer, J.) 10th January 2008: Rajeev Dang