IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital : the 18th day of June, 2008 First Bail Application No. 193 of 2008 Order on the Bail Application: CRIMINAL SIDE Diwan Singh ……… Applicant / Petitioner Versus State of Uttarakhand …….. Respondent Arising out of Crime No. 75 of 2007 Under Sections: 498A, 304B, I.P.C. and 3/4 Dowry Prohibition Act. Police Station : Lamgaraha District : Almora Hon’ble V.K. GUPTA, C. J. Mr. Lalit Sharma, Advocate for the petitioner. Mr. Nandan Arya, Asstt. Government Advocate for the State. 2. I have heard the learned counsel for the petitioner and the learned Assistant Government Advocate for the State. I have perused various documents including the copy of the First Information Report and the statements of witnesses recorded U/s 161 Cr.P.C. including the statements of eye witnesses Tulsi Devi and Devki Devi. I have also seen the statement of Golu, son of the deceased. Statement of Dr. Priyadarshani has also been seen by me. 3. One thing which emerges from the statements of the aforesaid witnesses is that the petitioner or any other member of his family was not in the house when the deceased was found to have burns on her body. Whether the deceased caused burns herself or not might be a fact which shall be brought to the fore during trial, but the statements of the witnesses do point out to the possibility of the deceased herself having caused her burns. 2 4. The petitioner has been in custody for almost a year now. On the totality of circumstances, I think that it is a fit case where the petitioner should be released on bail. 5. The petition is allowed. The petitioner is directed to be released on bail on his executing a bail bond with two sureties in the like amount to the satisfaction of the Chief Judicial Magistrate, Almora. (V. K. Gupta, C. J.) 18.06.2008 A