IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 3rd day of December 2009 Ist Bail Application No.765 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Ankit Kumar S/o Mithan Singh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 3, 2009 ____________________________________________________________________ Arising out of Case Crime No.97 of 2008 Under Sections 302 and 120-B IPC P.S. Mussorie, District Dehradun ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri R.P. Nautiyal, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. GA for the State and perused the record. In brief, the prosecution story is that on 27.12.2008 Krishna Gopal Sharma, father of the deceased Sunder Swaroop Sharma @ Himanshu lodged a report at P.S. Mussorie with the averments that his son Sunder Swaroop Sharma (deceased) went out of the house on 26.12.2008 stating that he would come after some time but he did not return till night. It is alleged in the report that on the fateful day his son had gone to meet his friend Aparna Sahi, who is having love affairs with the present applicant Ankit Kumar. Later on the dead body of the deceased was found lying in Hathi Paon. It is also alleged in the F.I.R. that the present applicant alongwith the co-accused Aparna Sahi have committed murder of the deceased. Learned counsel for the applicant has submitted that there is no evidence against the present applicant and even there is no eyewitness of the said incident. It is further submitted that evidence collected by the I.O. does not complete the chain of circumstances which can connect the applicant with the aforesaid crime. It is further submitted that the entire prosecution story is based on doubt and suspicious evidence. It is further submitted that the co- accused Aparna Sahi has been granted bail by this Court vide order dated 9.7.2009 and the present applicant is also entitled for bail on the basis of parity. Learned counsel for the applicant has further submitted that the applicant has no criminal history; he is in jail since 27.12.2008 and the charge in this case has not been framed till date. After considering all the facts and circumstances; hearing learned counsel for the parties; on perusal of the contents of the F.I.R.; and other papers available in file, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant- Ankit Kumar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 03.12.2009 RG