1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 7th day of December, 2011 First Bail Application No. 1115 of 2011 Criminal Side Ajay Singh S/o Shri Kishori Lal @ Kishora R/o Village Ajrili Palawa Police Station Thata Tehsil Khasha District Fatehpur Vadholi …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No 325 of 2011 Under Section: 304 of I.P.C Police Station: Haldwani District: Nainital Hon’ble Prafulla C. Pant, J. Mr. Lalit Sharma, Advocate, present for the applicant. Mr. S.S.Adhikari, A.G.A, present for the State. Heard. Applicant– Ajay Singh, who is in jail in 2 connection with F.I.R. No. 325 of 2011, relating to offence punishable under section 304 of I.P.C (culpable homicide not amounting to murder) Police Station Haldwani, District Nainital, has sought his release on bail. Learned counsel for the applicant submitted that admittedly deceased and accused were unknown to each other, and there was no enmity. It is further submitted that deceased appears to have been mistaken for a thief and beaten by the public. It is further pointed out that co accused Ram Kumar has been granted bail by the lower court. It is further submitted that applicant has no criminal history. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Ajay Singh, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Additional Chief Judicial Magistrate, Haldwani. (Prafulla C. Pant, J.) Dt.07.12.2011 Nahid 3