IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 16th day of June, 2008 Second Bail Application No. 441 of 2008 Criminal Side Shahzad S/o Shafi. .……... Applicant Versus State of Uttarakhand ………. Opposite Party Arising out of Crime No. 07 of 2008 Under Sections: 323, 504, 498-A I.P.C. & 3/4 Dowry Prohibition Act P.S.: Bhagwanpur District: Haridwar. ________________________________________________________________________ Hon’ble V.K. Gupta, C.J. Mr. S.K. Shandilya, Advocate for the applicant / petitioner; Mr. Nandan Arya, learned Asst. Government Advocate appearing for the respondent State; and Mr. Manish Arora, Advocate for the complainant. 2. Petitioner’s first bail application was rejected by this Court on 7th April, 2008. He has applied now for the second time and the ground urged is that the petitioner, along with his wife and children, have been living separately for the past 5-6 years. 3. Mr. Manish Arora, learned counsel appearing for the complainant submits that in view of the rejection of the first bail application, I should reject the second bail application also. 4. On a totality of circumstances and taking into consideration the averred fact that the petitioner has been living separately, as also the fact that the petitioner has been in custody since 28th January, 2008 and looking to the nature of allegations against the petitioner in the 2 First Information Report in question as well as the medical report, I feel it is a fit case, where the petitioner should be released on bail. 5. The petition accordingly is allowed. The petitioner is directed to be released on bail on his executing a bail bond with one surety, in the like amount, to the satisfaction of Judicial Magistrate In-charge, Roorkee. (V.K. Gupta, C. J.) 16.06.2008 G