IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 2nd day of December, 2011 First Bail Application No. 984 of 2011 Criminal Side Prithvi @ Prem Prakash S/o Bharosa R/o Village Diyan P.S. Khatima District Udham Singh Nagar ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of FIR no. 153 of 2011 Under Section: 147, 148, 149, 302, 201, 34 IPC Police Station Khatima District Udham Singh Nagar -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Suresh Chandra Bhatt, Advocate, present for the applicant. Mr. Hariom Bhakuni, Brief Holder, present for the State. Applicant- Prithvi @ Prem Prakash who is in jail in connection with FIR no. 153 of 2011, relating to offences punishable under section 147, 148, 149, 302, 201, 34 IPC, Police Station Khatima, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. -2- It is a case of circumstantial evidence. The only evidence collected against the applicant appears to be that he was last seen with the deceased, but that too with four other accused, as such, the role of the present applicant cannot be said to be clear. In the above circumstances, without expressing any opinion as too final merits of the case, this court is of the view that the applicant deserves bail. The bail application is allowed. Let applicant Prithvi @ Prem Prakash be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of the Judicial Magistrate, Khatima. (Prafulla C. Pant, J.) Parul 02.12.2011