1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 21st day of December, 2011 First Bail Application No. 1102 of 2011 Criminal Side Phool Chand @ Sunny S/o Late Dori Lal R/o Shastri Nagar P.S.Jwalapur District Hardwar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No. 190 of 2011 Under Sections: 304B of I.P.C Police Station: Kotwali Jwalapur District: Hardwar Hon’ble Prafulla C. Pant, J. Mr. Parikshit Saini, Advocate, present for the applicant. Mr. M.A.Khan, Brief Holder, present for the State. Heard. 2 Applicant– Phool Chand @ Sunny, who is in jail in connection with Crime No. 190 of 2011, relating to offence punishable under section 304B of I.P.C, Police Station Kotwali Jwalapur, District Hardwar, has sought his release on bail. Though the applicant is husband of the deceased, but there is no specific allegation against him that he made demand of dowry, or committed any cruelty. It is further pleaded that marriage between the applicant and the deceased was five years old, and there was no issue out of the wedlock. It is further pleaded that suicide by the deceased due to the reason that she was issue less can not be ruled out. The post mortem report discloses that asphyxia due to ante mortem hanging as the cause of the death which suggests suicide by the deceased. In the above circumstances, 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- Phool Chand @ Sunny, be released on bail on executing personal bond and furnishing two 3 sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Hardwar. (Urgency Application No. 4657 of 2011 stands disposed of). (Prafulla C. Pant, J.) Dt.21.12.2011 Nahid