IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 17th October,2008 Criminal Bail Application No. 198 of 2008 Order on the bail application of accused CRIMINAL SIDE Vinod S/o Sri Roop Basant ….. Applicants Versus State of Uttarakhand ……Opposite Party Arising out of case crime No. 486 of 2007 Under Section 302 & 328 I.P.C. P.S. Kotdwar District Pauri Garhwal Hon’ble J.C.S. Rawat, J. Heard Mr. R. K. Sah, Advocate, learned counsel for the applicant and Mr. Nandan Arya, learned A.G.A. for the State. I have gone through the documents alongwith the bail petition as well as the documents filed alongwith the counter affidavit. It was contended on behalf of the applicant that there is a delay of about nine months in lodging the FIR as the incident took place on 01.10.2006 and the FIR was lodged on 10.07.2007 after conducting the Magisterial enquiry; the prosecution has relied upon the statement of Smt. Maya Devi and Vindu Devi before whom two deceased persons stated that the present applicant had served them poisonous liquor and thereafter they died; the persons who administered the intoxicant substance would not be able to say the correct version; the statements of the witnesses were recorded after a long delay and it is an afterthought. Considering the submissions of the parties; perusal of the FIR and the statements of the witnesses, I am of the view that it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 17.10.2008 LSR