IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 23rd day of December 2009 Ist Bail Application No.1258 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Bittu @ Brijesh S/o Vimal Singh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 23, 2009 ____________________________________________________________________ Arising out of Case Crime No.277/2009 Under Section 302 of IPC P.S. Kotwali Haridwar, District Haridwar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Manish Arora, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State and also perused the record. Learned counsel for the applicant has submitted that the present applicant is not named in the F.I.R. He further submitted that the case relates to circumstantial evidence and the chain of circumstances is not complete against the applicant so as to connect him with the said crime. He further submitted that the co-accused Praveen Kumar has already been released on bail by the order of this Court dated 10.12.2009 and the present applicant is also entitled for bail on the basis of parity. It is further submitted that the applicant has no previous criminal history; he is in jail since 18.6.2009 and the trial of the case has yet not started. After considering all the facts and circumstances; on 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, this Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Bittu @ Brijesh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 23.12.2009 RG