1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 19th day of September, 2011 Second Bail Application No. 96 of 2011 Criminal Side Rajendra Singh Bisht S/o Shri Mohan Singh R/o Village Kufalta Patti Padli Tehsil Koshiya Kutoli P.S Betalghat District …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No.04 of 2009 Under Sections: 498A and 304B of I.P.C. Police Station: Betalghat District: Nainital Hon’ble Prafulla C. Pant, J. Mrs. Nishat Intezar, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. Heard. 2 Applicant– Rajendra Singh Bisht , who is in jail in connection with F.I.R. No. 04 of 2009, relating to offences punishable under section 498A and 304B of I.P.C., Patti Patwari Padli (Koshiya Kutoli), Police Station Betalghat, District Nainital, has sought his release on bail. The first bail application was rejected on 08.04.2011, on merits. Since then about one and half year has passed. It is pleaded that trial is yet to be far from being concluded. The applicant is in jail for last two years. Attention of this court is drawn to endorsement made by the Medical Officer of Sushila Tewari Hospital, where the deceased was taken for medical treatment, and gave statement to the Medical Officer that she had herself set fire. It is contended that in saving his wife, the husband himself got burn injuries. Considering the above new ground the applicant is in jail for last two years, and trial is yet not concluded, this Court is of the view that now the applicant deserves bail. Therefore, the second bail application is allowed. Let the applicant- Rajendra Singh Bisht be released on bail on executing personal bond and furnishing two 3 sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Nainital. (Prafulla C. Pant, J.) Dt.19.09.2011 Nahid