IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 24th day of August, 2011 1st Bail Application No. 677 of 2011 Order on the Bail Application: CRIMINAL SIDE Sanjay Thapa, S/o Sri Dil Bahadur Thapa, R/o House No. 59, P.S. Dobhalwala, District –Dehradun. ………Applicant Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No.311 of 2002, Under Section 498A, 304B I.P.C. Police Station –Kotwali, District –Dehradun. Hon’ble Prafulla C. Pant, J. Ms.Neelima Mishra, Advocate, with Mr. Pradeep Kumar Chauhan, Advocate, present for the applicant. Mr. S.S.Adhikari, A.G.A., present for the State. Heard. Applicant Sanjay Thapa, who is in jail in connection with Crime No. 311 of 2002, relating to offences punishable under Section 498A, 304B I.P.C. Police Station- Kotwali, District Dehradun has sought his release on bail. Applicant is husband. His wife is said to have committed suicide in the year 2002. Perusal of the copy of First Information Report shows that the allegations of cruelty are only against the mother-in-law and sister-in-law (JETHANI). The statement of the complainant 2 recorded under Section 161, also does not disclose the role of the applicant as to making demand of dowry or committing cruelty for non-fulfillment thereof. In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Sanjay Thapa, be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Dehradun. (Prafulla C. Pant, J.) 24.08.2011 JM