IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 5th day of January, 2011 First Bail Application No. 18 of 2011 Criminal Side Hitesh Kandpal S/o Pooran Chandra Kandpal R/o Village Bhatnayal Jula P.O. Manan P.S. Someshwar, District Almora ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 816 of 2010 Under Section: 498A, 304B IPC & ¾ Dowry Prohibition Act P.S. Someshwar, District Almora -________________________________________________________________________ Hon’ble Prafulla C. Pant, J. Smt. Pushpa Joshi, Advocate, present for the applicant. Shri M.A. Khan, Brief Holder,present for the State. Applicant- Hitesh Kandpal, who is in jail in connection with crime no. 816 of 2010, relating to offences punishable under section 498A, 304B IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961 , -2- P.S. Someshwar, District Almora, has sought his release on bail. Heard learned counsel for the parties. Dying declaration recorded by the Sub Divisional Magistrate (copy of which is annexed as Annex. 4) shows that the deceased has stated that she took poison mistaking it for medicine as she was suffering of pain in her abdomen. She has further stated that there was no quarrel with her husband. She has not stated anywhere that there was any demand of dowry or any harassment for non fulfillment of any such demand. 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. The bail application is allowed. Let the applicant Hitesh Kandpal, be released on bail on executing personal bond and furnishing two sureties, each of like amount to the satisfaction of Chief Judicial Magistrate, Almora. (Prafulla C. Pant, J.) Dt. 05.01.2011 Parul