IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 25th day of July, 2011 First Bail Application No. 488 of 2011 Criminal Side Naseem Khan S/o Shamim Khan R/o Village Harlalpur, P.S. Bazpur, District Udham Singh Nagar ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of FIR No. 204 of 2010 Under Section: 498A, 304B, 328 I.P.C. Police Station Bazpur District Udham Singh Nagar -___________________________________________________________________ Hon’ble Prafulla C. Pant, J. Shri D.N. Sharma, Advocate, present for the applicant. Shri T.C. Agarwal, A.G.A., present for the State. Applicant- Naseem Khan, who is in jail in connection with FIR no. 204 of 2010, relating to offences punishable under section 498A, 304B, 328 IPC, Police Station Bazpur, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that P.W. 1 Gulbahar Begum (mother of the deceased) has not -2- supported the prosecution story and turned hostile. She has stated that deceased was not subjected to cruelty for non fulfillment of demand of dowry. It is also pointed out that P.W.2 Harkishan Singh has also not supported the prosecution story, and he too was declared hostile. Applicant is in jail for last more than one year. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. Accordingly, bail application is allowed. Let the applicant Naseem Khan be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Parul 25.07.2011