Uttarakhand High Court
BA1/1260/2011 of RAKESH CHAND Vs STATE OF UTTARAKHAND on 29 December 2011
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 29th day of December, 2011 First Bail Application No. 1260 of 2011 Criminal Side Rakesh Chand S/o Jagdish Chand Tamta R/o village Maind Khel Patti Gusai District Tehri Garhwal …….Applicant (In Jail) Versus
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 29[th] day of December, 2011First Bail Application No. 1260 of 2011
Criminal SideRakesh Chand S/o Jagdish Chand Tamta R/o village Maind Khel Patti GusaiDistrict Tehri Garhwal
…….Applicant (In Jail)
Versus
State of Uttarakhand
..…..Opposite Party
Arising out of Case Crime No. 156 of 2011Under Sections: 306, 498A I.P.C.Police Station: Raipur District: Dehradun Hon’ble Prafulla C. Pant, J.
Mr. Rakesh Chand, Advocate, present for the applicant.
Mr. B.S.Parihar, Brief Holder, present for the State.
Applicant– Rakesh Chand, who is in jail in connection with Crime No. 156 of 2011, relating to offences punishable under section 306 and 498A of I.P.C., Police Station Raipur, District Dehradun, has sought his release on bail.
Heard learned counsel for the parties.
Learned counsel for the applicant pleaded that applicant got married to the deceased in the year 2002. Admittedly, the wife of the applicant consumed poison and died. The incident is of October 2011, after a period of nine years of marriage. Learned counsel for the applicant submitted that applicant's wife was a short tempered lady and used to get tense on trivial matters. It is further pleaded that at the time when deceased consumed poison, applicant was away on his duty, and when applicant came to home he took her to hospital, where she was declared dead.
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- Rakesh Chand, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Dehradun.
(Prafulla C. Pant, J.)
Dt.29.12.2011Nahid