1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 28th day of November, 2011 First Bail Application No. 973 of 2011 Criminal Side Smt. Shanti Devi W/o Shri Pooran Chandra Joshi R/o Village Baggha-54 P.S. Khatima District Udham Singh Nagar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No. 176 of 2011 Under Sections: 304B of I.P.C Police Station: Khatima District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. S.K.Mandal, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. Heard. Applicant– Smt. Shanti Devi, who is in jail in 2 connection with F.I.R. No. 176 of 2011, relating to offence punishable under section 304B of I.P.C, Police Station Khatima, District Udham Singh Nagar, has sought her release on bail. Applicant is a woman. She is mother in law of the deceased. Learned counsel for the applicant drew attention of this court to the dying declaration of the deceased recorded by Nayab Tehsildar on 22.08.2011, copy of which is annexed as Annexure- 3. There is no allegation made by the deceased in the dying declaration against the present applicant. She (deceased) has stated that she got burn injuries due to accidental fire. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Smt. Shanti Devi, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Judicial Magistrate, Khatima. (Prafulla C. Pant, J.) Dt.28.11.2011 Nahid 3