IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 23rd October, 2008 Criminal Bail Application No. 536 of 2008 Order on the bail application of accused CRIMINAL SIDE Ram Singh S/o Bachi Singh …Applicant Versus State of Uttarakhand …Opposite Party Arising out of case crime No. 01 of 2007 Under Section 306 I.P.C. Thana Kotwali District Champawat _________________________________________________________ Hon’ble J. C. S. Rawat, J. Heard Mr. B. S. Adhikari, learned counsel for the applicant and Mr. G. S. Sandhu, Govt. Advocate with Mr. Nandan Arya, A.G.A. for the State. Perused the record. I have also gone through the statements of Jagat Singh – father of the deceased, Smt. Laxmi recorded on 24.02.2007 and Bhagwan Singh read over by the learned A.G.A. from the case diary. On consideration of the submission of the learned counsel for the parties; the fact that the witnesses have denied that the demand of dowry was ever made by the applicant; the evidence of all the witnesses referred above indicates in their statements about the harassment or quarrel in between the parties; 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; and the fact that the incident occurred in between 15th to 18th January, 2007 and the application under section 156(3) Cr.P.C. for recoding the FIR was given on 1.04.2007, I deem it fit and proper to grant the bail to the applicant. Let the accused/applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat,, J.) Dated 23.10.2008 LSR