IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 27th day of August, 2011 1st Bail Application No.564 of 2011 Order on the Bail Application: CRIMINAL SIDE Bhupal Singh S/o Pratap Singh, R/o Village Bugli Patti Bugli, Tehsil Gangolihat, District Pithoragarh. ………Applicant Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 1 of 2011, Under Section 306, 498A I.P.C., Thana Patwari Kshetra Bugli, Gangolihat, District-Pithoragarh. Hon’ble Prafulla C. Pant, J. Mr. Siddhartha Bisht, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. Heard. Applicant Bhupal Singh, who is in jail in connection with Crime No. 1 of 2011, relating to offences punishable under Section 306, 498A I.P.C., Police Station- Patwari Kshetra Bugli, Tehsil Gangolihat, District- Pithoragarh has sought his release on bail. The marriage between the deceased and the applicant was more than 20 years old. They have children including a daughter aged 16 years. It is alleged in the First Information Report, which was got lodged under Section 156 (3) of Cr.P.C., by the brother of the deceased 2 that she was subjected to cruelty by her husband, and she died of burn injuries. However, copy of the statement of Jyoti Pargai (daughter of the deceased and the applicant) shows that when news came to their house that a vehicle of her maternal uncle (brother of the deceased) had fallen down from the road, deceased started quarrelling with the applicant as to why, he was feeling happy, if her brother’s vehicle had fallen down. The witness further narrated that thereafter she went in the neighborhood to verify the fact on phone about the accident. She was told by her matrimonial uncle that the vehicle was fallen but he is safe. With this news, by the time, the girl (Jyoti) came back to her house, she saw that her father was on the first floor, but her mother had sprinkled kerosene oil on her and set her on fire in the ground floor. Having considered submissions of learned counsel for the parties, and in the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Bhupal Singh, be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Pithoragarh (Urgency application No. 3212 of 2011, stands disposed of). (Prafulla C. Pant, J.) 27. 8.2011 0 JM