1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 25th day of August, 2011 First Bail Application No. 686 of 2011 Criminal Side Diwan Singh Bisht S/o Kalyan Singh R/o Durga Colony, P.S. Kashipur District Udham Singh Nagar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No.321 of 2011 Under Section: 306 of I.P.C. Police Station: Kashipur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. Bhupendra Singh Negi, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. Heard. (2) Applicant– Diwan Singh Bisht, who is in jail in connection with Crime/F.I.R. No. 321 of 2011 relating to offence punishable under section 306 of I.P.C., 2 police station Kashipur, District Udham Singh Nagar, has sought his release on bail. (3) Applicant is husband. The marriage between the deceased, and the complainant was 18 years old. There are three children out of the wedlock. The allegations against the applicant is that due to cruelty on his part, his wife committed suicide. Learned counsel for the applicant pleaded that applicant's wife was suffering from mental illness, and her treatment was going in the private Hospitals in Kashipur. (4) Having considered submissions of learned counsel for the parties, and after going through the papers on record, without expressing any opinion as to final merits of the case, this court is of the view, that applicant deserves bail. (5) The Bail Application is allowed. Let the applicant- Diwan Singh Bisht be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Additional Chief Judicial Magistrate, Kashipur. (Prafulla C. Pant, J.) Dt.25.08.2011 Nahid 3