IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of July, 2011 First Bail Application No. 404 of 2011 Criminal Side 1. Prem Singh Tomar S/o Late Jot Singh Tomar 2. Smt. Shanti Devi, W/o Prem Singh Tomar R/o Village Siroli, Patti Idwalsyun P.S. Pauri, District Pauri Garhwal ……...Applicants ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of criminal case crime No. 07 of 2011 Under Section: 498A, 304B I.P.C., and u/s ¾ Dowry Prohibition Act Police Station Kotwali Pauri District Pauri Garhwal -___________________________________________________________________ Hon’ble Prafulla C. Pant, J Shri Rajendra Kotiyal, Advocate, present for the applicants. Shri S.S. Adhikari, A.G.A., present for the State. Applicants- Prem Singh Tomar and Shanti Devi, who are in jail in connection with crime no.07 of 2011, relating to offences punishable under section 498A, 304B IPC, and one punishable under section ¾ Dowry Prohibition Act, 1961, Police Station Kotwali Pauri, District Pauri Garhwal , has sought their release on bail. -2- Heard learned counsel for the parties. The post-mortem report suggests that the deceased committed suicide by hanging. No specific role has been assigned to the applicant no. 1 Prem Singh Tomar, regarding cruelty. Applicant no. 2 is a woman. Both are senior citizens. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicants deserve bail. Accordingly, bail application is allowed. Let the applicants Prem Singh Tomar and Shanti Devi, be released on bail on executing personal bond by each one of them, and furnishing two sureties for each one of them each of like amount to the satisfaction of Chief Judicial Magistrate, Pauri Garhwal. (Urgency application no. 2773 of 2011, stands disposed of). (Prafulla C. Pant, J.) Parul 22.07.2011