IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 26th November, 2008 Criminal Bail Application No.1011 of 2008 Order on the bail application of accused CRIMINAL SIDE Bimla Kaur W/o Lakhwinder Singh ….Applicant Versus State of Uttarakhand ….Opposite Party Arising out of case crime / FIR No. 108 of 2008 Under Sections 306 I.P.C. P.S. Nanakmatta District U.S. Nagar Hon’ble J.C.S. Rawat, J. Heard Mr. A. S. Gill, Advocate for the applicant and Mr. B.S. Parihar, Brief Holder for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the constents of the FIR; perusal of the statements of Charan Singh and Satnam Singh; the Apex Court has held in the cases of Mahendra Singh & another Vs. State of M.P. 1995 SCC (Cri) 1157, Netai Dutta Vs. State of West Bengal 2005 AIR SCW 1326 and Sohan Raj Sharma Vs. State of Haryana 2008 AIR SCW 3202 that cruel or insulting behaviour cannot be taken to be an act of abating suicide and the ingredients of Section 306 I.P.C. is not established; the Apex Court in the case of Kishori Lal Vs. State of M.P. 2007 (3) SCC (Cri) 701 has held that merely committing torture by the accused and subsequently the deceased would have committed suicide would not be an abatement or instigation to commit suicide; and considering the facts and circumstances of the case, it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 26.11.2008 LSR