IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 24th day of June, 2010 2nd Bail Application No. 69 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Harish Negi .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of FIR No. 02/2010, U/s 302, 201, 34 IPC, PS Tallital, District Nainital. June 24, 2010 HON’BLE DHARAM VEER, J. First bail application was dismissed for want of prosecution vide order dated 19.4.2010 passed by this Court. Hence, second bail application has been moved on behalf of the applicant. Heard Mr. Vinod Sharma, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that the applicant is not named in the FIR and the case rests upon circumstantial evidence but the chain of circumstances is not complete and the I.O. has not collected any evidence to connect the applicant with the alleged crime. Learned Addl. GA for the State submitted that on the pointing out of present accused appellant and the co-accused Pankaj Sijwali and Ravi Gururani, the dead body of the deceased was recovered. Contrary to it, learned Counsel for the applicant submitted that the dead body has been shown to be recovered after eight days of the said incident and it was not recovered on the pointing of the present applicant. Learned Counsel for the applicant further submitted that co- accused Ravi Gururani has been granted bail. He also submitted that other co-accused Santosh Kumar Bisht has also been granted bail by this Court vide order dated 16.2.2010 and the present accused applicant is also entitled for bail on the basis of parity. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other 2 papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Harish Negi be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount to the satisfaction of CJM, Nainital. Bail application is allowed accordingly. (Dharam Veer, J.) 24.6.2010 PRABODH