IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 13th day of November, 2009 First Bail Application No. 1117 of 2009 Order on the Bail Application: CRIMINAL SIDE Ramesh Massih S/o Sri Massih Charan R/o Mohalla Pashwara, P.S. Swar At present resident of Bachhipur Dhamola, Through Stephen Massi, P.S. Kaladhungi, District Nainital. ………… Applicant Versus tate of Uttarakhand ………… Opposite Party S Arising out of F.I.R. No. 24 of 2008 Under Sections: 304 of I.P.C. Police Station: Kaladhungi District: Nainital. Hon’ble Prafulla C. Pant, J. Mr. Manoj Mohan, Advocate present for the applicant. Mr. S.S. Adhikari, A.G.A. present for the respondent State. Applicant Ramesh Massih, who is in jail in connection with F.I.R. No. 24 of 2008, relating to offence punishable under Section 304 of the I.P.C., registered with P.S. Kaladhungi, District Nainital, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that F.I.R. itself shows that unintentionally Lathi struck on the head of the deceased. Learned counsel for the applicant further submitted that the applicant is in jail for last one year. He further submitted that the applicant had no motive to kill the deceased. Having considered submissions of learned counsel for the parties, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. Let the applicant Ramesh Massih be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Nainital. [ (Prafulla.C. Pant, J.) Dt. 13.11.2009 H.Negi