IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 19th day of February 2008 Criminal Bail Application No. 146 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Naresh S/o Raghuveer R/o Saheedwala Grant, P.S. Buggawala, District Haridwar. .....Applicant (In Jail) Versus State of Uttarakhand ----- Opposite party _____________________________________________________ Arising out of Case Crime No. 32 of 2007 U/Ss.306/201 of I.P.C., P.S. Buggawala, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Vivek Shukla, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that deceased Smt. Reeta wife of Rakesh had committed suicide by jumping into the well on 12.11.2007. With the same averments, the F.I.R. was lodged by Mukesh Kumar, brother of deceased, on 15.11.2007 at 12:15 P.M. in P.S. Buggawala, District Haridwar. Learned counsel for the applicant has submitted that in the F.I.R. the averments was made that deceased Smt. Reeta was murdered, hence, the F.I.R. was lodged in Police Station u/Ss.302/201 I.P.C. Later on, in the investigation it has come that deceased Smt. Reeta has committed suicide by jumping into the well. It was also averted in the F.I.R. that Rakesh husband of Smt. Reeta has illicit relations with the wife of his brother Ramesh namely, Mangi. He has further submitted that no allegation has been made directly against the present applicant Naresh and no specific role has been assigned to Naresh in the investigation for exhorting Smt. Reeta to commit suicide. He has further submitted that the applicant is in jail since 17.11.2007 and the trial of the case has not yet been started and he has got no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant Naresh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 19.02.2008 Arti