HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 12th September, 2008 First Bail Application No. 325 of 2008 Order on the bail application of the accused. Pradeep S/o Mehar Singh …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.192 of 2007 U/s 302, 201 and 120-B I.P.C. Police Station Bhagwanpur District – Haridwar Hon’ble J. C. S. Rawat, J. Heard Mr. Manish Arora, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for respondent/State; and perused the record. Perused the contents of the F.I.R. The fact that the report was lodged on 01/08/2007 alleging therein that on 31/07/2007 some unknown persons has shot dead the deceased Pervez; the fact that Monu has seen the deceased with the accused/applicant Pradeep on 30/07/2007 in the picture hall from where they left the picture hall together; the fact that witness of last seen Monu and the complainant Alisher live in the same village, he did not state this fact to Alisher for five months; the fact that Monu has stated this fact on 25/01/2008 after five months of the incident to the police; the fact that the last seen evidence is of 30/07/2007; and the fact that the second report implicating the accused was given on 26/02/2008 after inordinate delay whereas the report was lodged on 01/08/2007 without indicating the name of accused by the complainant Alisher. Keeping in view the facts and circumstances of the case in totality and contentions of the learned counsel for the parties, I find that it is a fit case for bail. 2 Let the accused/applicant Pradeep be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the J.M., Roorkee. The Urgency Application No.2184 of 2008 is disposed of. (J.C.S. Rawat, J.) Dated 12.09.2008 Shiv