IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 24th day of November, 2011 First Bail Application No. 1063 of 2011 Criminal Side Kamruddin S/o Faqruddin R/o L-19-A, Railway Colony, Ritha Mandi Dehradun, District Dehradun …...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 275 of 2011 Under Sections: 306, 323, 504, 498A IPC Police Station Kotwali District Dehradun ________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Arvind Vashistha, Advocate, present for the applicant. Mr. S.S. Adhikari, A.G.A., present for the State. Applicant- Kamruddin who is in jail in connection with crime no. 275 of 2011, relating to offences punishable under section 306, 323, 504, 498A IPC, Police Station Kotwali, District Dehradun, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted -2- that applicant (husband of the deceased) is aged 52 years. His wife Saika (deceased) was aged 42 years. It is further submitted that applicant's marriage with the deceased was a second marriage (and it was third marriage of the deceased), after death of the first wife due to cancer. There were six children from the first wife of the applicant. It is submitted on behalf of the applicant that after the six children came back to the house of the applicant (who had earlier left the house), it irritated Saika who committed suicide. It is argued on behalf of the applicant that it is not a case of cruelty as the applicant himself took Saika to hospital for medical treatment after she attempted to commit suicide. She died in the hospital. 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 applicant Kamruddin be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of the Chief Judicial Magistrate, Dehradun. (Prafulla C. Pant, J.) Parul 24.11.2011