1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of December, 2011 First Bail Application No. 1227 of 2011 Criminal Side Bhuwan Chandra Pathak S/o Shri Durga Datt Pathak R/o village krala pathak P.S. Berinag District Pithoragarh …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No. 46 of 2011 Under Section: 302, 201 of I.P.C. and one punishable under section 3 (2) (5) of S.C & S.T Act Police Station: Police Chauki Kameri Devi District: Bageshwar Hon’ble Prafulla C. Pant, J. Mr. Ganesh Kandpal, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. 2 Heard. Applicant– Bhuwan Chandra Pathak , who is in jail in connection with Crime No. 46 of 2011, relating to offences punishable under section 302 and 201 of I.P.C., and one punishable under section 3(i) (ii) (v) of SC & ST (Prevention of Atrocities) Act, 1989, Police Station Chauki Kameri Devi, District Bageshwar, has sought his release on bail. It is a case of circumstantial evidence. Co accused Udai Singh, with similar role, has already been directed to be released on bail. First Information Report itself shows that applicant is named on suspicion. The only evidence alleged against the applicant is that he was said to have been last seen with the deceased. Having considered submissions of learned counsel for the applicant, and learned counsel for the state, and after going through the papers on record, without expressing any opinion as to final merits of the case, this Court is of the view that 3 the applicant deserves bail. The Bail Application is allowed. Let the applicant- Bhuwan Chandra Pathak , be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Bageshwar. (Prafulla C. Pant, J.) Dt.22.12.2011 Nahid