1 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 30th Day of December, 2010. Ist Bail Application No. 1065 of 2010 Order on the Bail Application: CRIMINAL SIDE Sundar Singh Fartiyal S/o Bhupal Singh Fartiyal village Dungra Post Channakharkota Tehsil Jaiti District Almora ….….Applicant(In Jail) Versus State of Uttarakhand ………..Opposite Party Arising out of Case Crime/F.I.R. No. 9 of 2010, Under Section: 498A, 304B I.P.C Police Station: Lamgara District: Almora Hon’ble Prafulla C. Pant, J. Mr. A.S.Bisht, Advocate, present for the applicant. Mr. Nandan Arya, A.G.A., Present for the State. Applicant Sundar Singh Fartiyal, who is in jail in connection with Case Crime No. 9 of 2010, relating to offences punishable Under Section 498A and 304B I.P.C., Police Station Lamgara , District Almora, has 2 sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that applicant's wife died due to the accidental fall. It is pointed out on behalf of the applicant that two witnesses Nandi Devi and Madhavi have given their statement under section 161 of Cr.P.C., to the Investigating Officer that they saw Indira Devi (deceased) falling in a gorge from a hillock. It is further pleaded that applicant was not present at the place of incident. In the above circumstances, without expressing any opinion as to final merits of this case, this court is of the view that applicant deserves bail. Bail application is allowed. Let the applicant Sundar Singh Fartiyal be released on bail on executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the Chief Judicial Magistrate, Almora. (Prafulla.C.Pant.,J) Dt. 30.12.2010 Nahid