IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 19th day of July 2004 Bail application no. 145 of 2004 Order on the bail application of accused CRIMINAL SIDE Dharmendra S/o Sri Seva Ram R/o Patari P.S. Kichha District Udham Singh Nagar …Applicant Versus State of Uttaranchal …Opposite Party ------------------------------------------------------------------------------------------- Arising out of Case Crime No. 1443 of 2003 Under Section 304-B I.P.C. Police Station Kichha District Udham Singh Nagar By the court Hon’ble B.C. Kandpal, J. Heard Sri M.S. Pal learned counsel for the applicant and learned A.G.A. Perused the record. As per the prosecution case, the applicant being the husband of the Gomti (deceased) committed the offence of causing death by administering her some poisonous material on 31.08.2003. Learned counsel for the applicant has submitted that in fact the applicant and his other family members including the deceased (wife of the applicant) were spraying the pesticides in the field and while spraying the pesticides in the crop, they inhaled pesticides with the result the deceased (wife) as well as husband (applicant) become unconscious and were taken to the Hospital. The wife (deceased) died on the way while she was being carried to the Hospital. The applicant has filed the copy of his medical report in support of his contention. Perusal of the counter affidavit filed on behalf of prosecution, shows that the averments made in the application to this effect that the applicant and his wife (deceased) were spraying the pesticides in their crop over the field and got affected by the fumes of the same have not been denied. It has also been admitted that applicant was also admitted in the hospital with his wife. Having considered all the aforesaid facts and circumstances of the case, it is a fit case for bail at this stage. Let the applicant Dharmendra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Udham Singh Nagar. (B.C. Kandpal, J.) 19.07.2004 ASWAL