1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 20th day of August, 2011 First Bail Application No. 659 of 2011 Criminal Side Rajendra @ Rajesh Sharma S/o Shri Harbansh Sharma R/o House No.44, Sector No.71, Police Station Vijay Nagar, Gaziyabad District Gaziyabad …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No. 153 of 2011 Under Sections: 302 and 201 of I.P.C Police Station: Kowali Manglaur District: Hardwar Hon’ble Prafulla C. Pant, J. Shri Rajendra Singh, Advocate, present for the applicant. Shri S.S.Adhikari,A.G.A, present for the State. Shri Abishek Verma, Advocate present for nephew of the deceased Yatendra Kumar. Heard. 2 (2) Applicant–Rajendra @ Rajesh Sharma, who is in jail in connection with Case Crime No. 153 of 2011, relating to offences punishable under Section 302 and 201 I.P.C., Police Station Kotwali Manglaur, District Hardwar, has sought his release on bail. (3) Applicant is not named in the First Information Report. It is a case of circumstantial evidence. It is pleaded on behalf of the applicant that applicant has been arrested only on suspicion. Co accused Sushmita and Nisar Ali have been granted bail. Some recovery of mobile phone, bag and knife has been shown from the applicant. It is argued that the same are planted as recovery from the applicant. (4) In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view, that applicant deserves bail. (5) The Bail Application is allowed. Let the applicant- Rajendra @ Rajesh Sharma be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Hardwar. It is further observed that in addition to the bail bonds the applicant shall give undertaking to the Magistrate that he shall not leave 3 India during the investigation and trial without permission of the court concerned. (Prafulla C. Pant, J.) Dt.20.08.2011 Nahid