Uttarakhand High Court
BA3/21/2010 of DEVENDRA SINGH Vs STATE OF UTTARAKHAND on 30 December 2010
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 30th Day of December, 2010. Third Bail Application No. 21 of 2010 Order on the Bail Application: CRIMINAL SIDE Devendra Singh S/o Narayan Singh R/o village Gulzarpur Banki Chakulwa P.S Kaladhungi, Dist Nainital
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITALOriginal Jurisdiction Dated: Nainital: the 30[th] Day of December, 2010.Third Bail Application No. 21 of 2010
Order on the Bail Application:CRIMINAL SIDE
Devendra SinghS/o Narayan SinghR/o village GulzarpurBanki ChakulwaP.S Kaladhungi, Dist Nainital
….….Applicant(In Jail)
State of Uttarakhand
Versus
Hon’ble Prafulla C. Pant, J.
Mr. M.S.Pal, Senior Advocate, with Mr. Deepak Bisht, Advocate, present for the applicant.
Mr. Nandan Arya, A.G.A., Present for the State.
Applicant Devendra Singh, who is in jail in connection with Case Crime No. 57 of 2009, relating to offences punishable Under Section 498A, 304B I.P.C and ¾ Dowry Prohibition Act, 1961. Police Station Kaladhungi, District Nainital, has sought his release on bail.
Heard learned counsel for the parties.
The first bail application was rejected as not pressed.
Second bail application was for a short term bail which was allowed by Hon'ble Justice Dharam Veer Sharma on 21.07.2010 (since expired).
Learned counsel for the applicant submitted that applicant is husband of the deceased but no specific role has been assigned to him in the First Information Report. It is pointed out that there are two children born out of the wedlock who require attention of the applicant. It is further submitted that on behalf of the applicant that from the First Information Report read with the Forensic Laboratory report, it appears that deceased committed suicide by consuming insecticide. Apart from this, the applicant is in jail for last more than one year and it is stated in the supplementary affidavit that he is suffering now from mental illness inside the jail. (Supported by medical slips annexed as Annexure -1 to the affidavit).
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 Devendra Singh 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, Nainital.
Dt. 30.12.2010Nahid
(Prafulla.C.Pant.,J)