IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: The 7th Day of February, 2011 2nd Bail Application No. 1 of 2011 Order on the Bail application of accused. CRIMINAL SIDE Anandi Devi .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of FIR No. 20/2008 (S.T. No. 73/2009), U/s 304B, 498A IPC & 3/4 Dowry Prohibition Act, P.S. Chorgalia, District Nainital. ___________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Kailash Joshi, Advocate, present for the applicant. Mr. M.A. Khan, Brief Holder, present for the State. Applicant Anadi Devi, who is in jail in Sessions Trial No. 73 of 2009 (Crime/FIR No. 20 of 2008), relating to offences punishable under Section 304B & 498A IPC and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961, Police Station Chorgalia, District Nainital, has sought her release on bail. The first bail application of the accused applicant was rejected on merits on 5.5.2009 by Hon’ble Mr. Justice J.C.S. Rawat (since transferred). Heard learned Counsel for the parties. Learned Counsel for the applicant submitted that applicant is a woman and she is in jail for the last more than two years. It is contended that since the rejection of her first bail application on 5.5.2009, one and half years have passed, but not a single witness has been got examined by the prosecution. It is further contended that applicant cannot be made to languish in jail for an indefinite period, particularly when she is an old ailing lady. In the above circumstances, considering the fact that the applicant is an old woman and she is in jail for the last more than two years, and not a single witness could be got examined till date by the prosecution in the ongoing trial; without expressing any opinion as to final merits of the case, 2 this Court is of the view that applicant deserves bail at this stage. Hence, the second bail application is allowed. Let the applicant Anandi Devi be released on bail on her executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Nainital. (Urgency application no. 658/2011 stands disposed of.) (Prafulla C. Pant, J.) Vacation Judge 7.2.2011 PRABODH