IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 20th day of March, 2009 Bail Application No. 266 of 2009 Order on the Bail Application: CRIMINAL SIDE Baliram S/o Harikisun R/o RadheyHaripuram P.S. Kashipur, District Udham Singh Nagar. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of FIR No. 22 of 2009 Under Sections: 302, 201 of I.P.C. Police Station: Kashipur District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Heard Mr. D.C.S. Rawat, learned counsel for the applicant and Mr. H.C. Pujari, Addl. Government Advocate for the State. Applicant Baliram, who is in jail in connection with crime No. / F.I.R. No. 22 of 2009, relating to offence punishable under Section 302, 201 of I.P.C., registered with police station Kashipur, District Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant submitted that it is a case of circumstantial evidence. It is pointed out that only this much is alleged that the deceased was ‘last seen’ with the applicant. It is further submitted that applicant is named on suspicion only. From the perusal of the papers on record it appears that the dead body of the deceased was found near a railway track. Learned counsel for the applicant argued that neither any motive is shown for commission of crime nor any recovery is made from the applicant. Having heard learned counsel for the parties and after perusal of the papers on record, without expressing any opinion on final merits of the case, this Court is of the view that the applicant deserves bail. Let the applicant Baliram be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Additional Chief Judicial Magistrate, Kashipur. (Prafulla.C. Pant, J.) Dt. 20.03.2009 H.Negi