IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of November, 2011 1st Bail Application No.945 of 2011 Order on the Bail Application: CRIMINAL SIDE Gopal Ram S/o Madhan Ram, R/o Village Ritha, Patwari Circle Galai, Tehsil Garur, District Bageshwar ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of Case Crime/F.I.R. No. 06 of 2011, Under Section 366 & 06 of I.P.C., Police Station- Baijnath, District –Bageshwar. 3 Hon’ble Prafulla C. Pant, J. Mr. R.C. Joshi, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. Heard. Applicant Gopal Ram, who is in jail in connection with Crime/F.I.R. No.06 of 2011, relating to offences punishable under Section 366, 306 of I.P.C., Police Station- Baijnath, District Bageshwar, has sought his release on bail. It is a case of circumstantial evidence. Both accused (present applicant) and deceased had their spouses. They were married persons. Investigation reveals that when the deceased left her house and started living with the present applicant, she wanted the applicant to leave his wife (Beena). It appears that the Beena did not agree to allow Geeta (deceased) to stay with her. It further appears from the papers that thereafter both 2 applicant and the deceased attempted to commit suicide. But, only deceased succeeded in her effort. Learned counsel for the applicant pleaded that he did not abet the deceased to commit suicide, nor she was abducted by the applicant. It is contended that since deceased was in love with the applicant, as such, she herself left her parental house after leaving her husband. In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that the applicant deserves bail. The bail application is allowed. Let the applicant Gopal Ram, be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Bageshwar. (Prafulla C. Pant, J.) 01.11.2011 JM