IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 28th day of September, 2011 First Bail Application No. 803 of 2011 Criminal Side Sandeep S/o Late Shri Bhagwan Sharma R/o Village Dadola, P.S. Chandni Bag District Panipat (Haryana) ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 43 of 2011 Under Section: 302 and 364 IPC P.S. Kotwali Nagar Hardwar District Hardwar ____________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. H.C. Pathak, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. Applicant- Sandeep, who is in jail in connection with crime no. 43 of 2011 relating to offences punishable under section 302 and 364 IPC, Police Station Kotwali Nagar Hardwar, District Hardwar, has sought his release on bail. Heard learned counsel for the parties. -2- Applicant is not named in the First Information Report. It is a case of circumstantial evidence. Dead body of the deceased is said to have been found in a river. Deceased was cousin of the applicant. Learned counsel for the applicant pleaded that it is only the suspicion that applicant had illicit relations with the wife of the deceased due to which he has been arrested. 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. The bail application is allowed. Let the applicant Sandeep be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Hardwar. (Prafulla C. Pant, J.) Parul 28.09.2011