IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of November 2009 Ist Bail Application No.1055 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Laxman Singh ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 18, 2009 ____________________________________________________________________ Arising out of Case Crime No.3 of 2009 Under Sections 302, 201 and 394 IPC P.S. Naib Tehsildar, Kanda, Sub-District Kapkot, District Bageshwar ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. Birendra Singh Adhikari, Advocate for the applicant as well as Mr. M.A. Khan, Brief Holder for the State and perused the record. In brief, the prosecution story is that on 6.6.2009 at about 1 PM a First Information Report was lodged by Padam Singh before Nayab Tehsildar, Tehsil Kanda, District Bageshwar about the murder of his daughter-in- law against the unknown persons. Learned counsel for the applicant has submitted that the applicant Laxman was not named in the FIR and even there is no direct evidence collected by the Investigating Officer against him. It is further submitted that the I.O. has recorded the statements of Anil Singh and Mohan Ram u/s 161 Cr.P.C. and they have stated that they had seen the applicant in the forest on 5.6.2009. It is submitted that the applicant has been implicated in the said case only on the basis of last seen evidence. It is further submitted that the applicant is in jail since June 2009 and the trial of the case has yet not been concluded. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Laxman Singh 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., Bageshwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 18.11.2009 RG