IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 8th day of October, 2009 Bail Application No. 1018 of 2009 Order on the Bail Application: CRIMINAL SIDE Mukesh S/o Sri Dhaniram R/o Kali Nagar, Tehsil & P.S. Swar District Rampur (U.P.). ………… Applicant Versus tate of Uttarakhand ………… Opposite Party S Arising out of Crime No. 220 of 2008 Under Sections: 302, 201, 120-B of I.P.C. Police Station: Bazpur District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Mr. Mohd. Azim, Advocate present for the applicant. Mr. B.S. Parihar, Brief Holder present for the respondent State. Applicant Mukesh, who is in jail in connection with Crime No. 220 of 2008, relating to offences punishable under Section 302, 201, 120-B, Police Station Bazpur, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. It is a case of circumstantial evidence. Learned counsel for the applicant submitted that applicant is named on suspicion. The first information report is highly belated by more than ten days. Co-accused Bhukan Lal has already been directed to be released on bail. It is also contended that in the postmortem examination report it is mentioned that cause of death could not be ascertained. Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, in the above circumstances, this Court is of the view that the applicant deserves bail. Let the applicant Mukesh 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. 08.10.2009 H.Negi