IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 26th day of July, 2010 First Bail Application No. 701 of 2010. Criminal Side Kailash Kashyap S/o Shri Ram Narayan Kashyap R/oRajpura Word no. 2, Haldwani District Nainital ……...Applicant ( in Jail) State of Uttarakhand Versus .....….Opposite Party Arising out of FIR No. 96 of 2010 S.T. No. 87 of 2010 Under Section: 306 I.P.C P.S. Haldwani District: Nainital - Hon’ble Prafulla C. Pant, J Shri Rajesh Singh Nagarkoti, Advocate, and Shri Manoj Singh Bisht, Advocate, present for the applicant. Shri M.A. Khan, Brief Holder, present for the State. Applicant- Kailash Kashyap who is in jail in connection with FIR no.96 of 2010, relating to offence punishable under section 306 I.P.C., registered with P.S. Haldwani, District Nainital, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that it is a case of suicide by the wife of the applicant. It is pleaded that the applicant is in jail for last four -2- months. Perusal of the papers on record suggest that the deceased committed suicide, as the applicant used to assault her in a drunken state. 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. Accordingly, bail application is allowed. Let the applicant Kailash Kashyap be released on bail onhisexecutingundertakingthathewillnever takealcohol and on giving personal bond and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Nainital. Dt. 26.07.2010 Parul (Prafulla C. Pant, J.)