Uttarakhand High Court
BA1/1036/2010 of JAIPAL Vs STATE OF UTTARAKHAND on 30 December 2010
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 30th day of December, 2010 First Bail Application No. 1036 of 2010 Criminal Side Jaipal S/o Bishambhar R/o Village Manakpur Aadampur P.S. Jhebreda District Haridwar, Uttarakhand ……...Applicant ( in Jail)
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original JurisdictionDated: Nainital: the 30[th] day of December, 2010First Bail Application No. 1036 of 2010
Criminal SideJaipalS/o BishambharR/o Village Manakpur AadampurP.S. JhebredaDistrict Haridwar, Uttarakhand
……...Applicant ( in Jail)
Versus
State of Uttarakhand
…..….Opposite Party
Arising out of case crime no. 132 of 2010Under Section: 304B I.P.C.P.S. Jhebreda, District Haridwar -________________________________________________________________________
Hon’ble Prafulla C. Pant, J.
Shri Piyush Garg, Advocate, present for the applicant. Shri M.A. Khan, Brief Holder, present for the State.Shri Sachin Panwar, Advocate, present for the complainant.
Applicant- Jaipal, who is in jail in connection with crime no.132 of 2010 relating to offence punishable under section 304B I.P.C., P.S. Jhebreda, District Haridwar, has sought his release on bail.
Heard learned counsel for the parties.
Applicant is father-in-law of the deceased. Post- mortem report suggests that the deceased died of asphyxia due to hanging. Learned counsel for the applicant submitted that the daughter of deceased was suffering from illness, and she was disturbed due to that reason. It is further contended that the allegations are mainly made against JAITH and JAITHANI (brother-in-law, and sister-in-law) and not as against the applicant who is a senior citizen.
In the above circumstances, without expressing any opinion as to final merits of the case,this Court is of the view that applicant deserves bail.
The bail application is allowed. Let the applicant Jaipal be released on bail on executing personal bond and furnishing two sureties, each of like amount to the satisfaction of Chief Judicial Magistrate,Haridwar.
(Prafulla C. Pant, J.)
Dt. 30.12.2010Parul