HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 17th October, 2008 Bail Application No. 704 of 2008 Order on the bail application of the accused. Yashpal Giri S/o Shri Khandar Singh …….. Applicant Versus State of Uttarakhand …….. Opposite Party __________________________________________________________ Case Crime No. 223 of 2008 U/s 304-B, 498-A I.P.C. Police Station Kotwali Roorkee District Haridwar Hon’ble J.C.S. Rawat, J. Heard Mrs. Pushpa Joshi, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for the State; are perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; the statement of the witnesses recorded u/s 161 Cr.P.C. filed by the applicant as well as respondent in the counter affidavit; the fact that the F.I.R. itself contains that the husband was residing in Sherpur, Roorkee alongwith his wife; the fact that the applicant was residing in Muzaffarnagar; the fact that Munna Singh, the landlord of the house where husband Manoj lives, has categorically stated that the only husband with his wife was residing in the house at Sherpur, Roorkee in his statement recorded u/s 161; the documents filed by the applicant shows that the applicant resides at Muzaffarnagar; the applicant is the father-in-law of the deceased; the main serious allegations are against the husband; considering the facts and circumstances of the case in totality; contentions of the learned counsel for the parties; affidavit & the counter affidavit filed by the parties; and averment made in the F.I.R. as well as in the statement recorded u/s 161 Cr.P.C., I find that it is a fit case for bail. Let the accused/applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat, J.) Dated 17.10.2008 Shiv