1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 28th day of December, 2011 First Bail Application No. 1255 of 2011 Criminal Side Shyam S/o Natthu Lal Kori R/o Ward No.8, Rampura Rudrapur, P.S.Rudrapur District Udham Singh Nagar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No. 401 of 2011 Under Sections: 420, 406, 376, 504, 506, 364, 511 of I.P.C., and one punishable u/s ¾ of Dowry Prohibition Act, 1961. Police Station: Rudrapur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. M.K.Ray, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. Heard. 2 Applicant– Shyam, who is in jail in connection with F.I.R. No. 401 of 2011, relating to offences punishable under section 420, 406, 376, 504, 506, 364 and 511 of I.P.C., and one punishable under section ¾ of Dowry Prohibition Act, 1961, Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail. The First Information Report has been lodged by the complainant by resorting to section 156 (3) of Cr.P.C. It is pleaded on behalf of the applicant that complainant is wife of the present applicant. It is further pleaded that due to matrimonial discord this First Information Report has been got lodged with false allegations. It is further pointed out that the petition under section 9 of Hindu Marriage Act, 1955, is pending between the parties. It is further submitted that if the complainant was cheated in the year 2009-2010, there is no explanation as to why the First Information Report was not lodged for more than one year. Attention of this court is also drawn to the statement of complainant recorded under section 161 of Cr.P.C., in which she has admitted that she had friendship with the applicant. 3 Having considered submissions of learned counsel for the applicant, and learned counsel for the State, and after going through the papers on record, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Shyam, 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.) Dt.28.12.2011 Nahid