IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 2nd day of January, 2009 Bail Application No. 968 of 2008 Order on the Bail Application: CRIMINAL SIDE Mahipal Singh S/o Sri Atar Singh R/o Village Mahuwakheda Ganj, Police Station Kashipur Distt. Udham Singh Nagar. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Crime No. 346 of 2008 Under Sections: 302 / 201 of I.P.C. Police Station: Kashipur District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Heard Mr. Sanjay Bhatt, learned counsel for the applicant and Mr. Amit Bhatt, Addl. Government Advocate for the State. Applicant Mahipal Singh, who is in jail in connection with crime No. 346 of 2008, relating to offences punishable under Section 302, 201 of I.P.C., Police Station Kashipur, District Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant drew attention of this Court to Annexure –2 to the affidavit filed with the bail application, which is copy of the charge sheet filed in Crime No. 346 of 2008. Perusal of the charge sheet shows that after investigation only offence said to have been found made out against the applicant Mahipal Singh is the one punishable under Section 201 of I.P.C. Learned counsel for the applicant further submitted that co-accused 2 Sher Singh, who is father-in-law of the deceased and Pyare Lal, uncle-in-law of the deceased, have already been enlarged on bail. It is further submitted that applicant is not even related to the deceased. It is also submitted that the applicant’s role is only said to be that of a person who participated in the cremation of the deceased. Having heard learned counsel for the applicant and that of learned A.G.A. and after going through the papers on record, in the above circumstances, this Court is of the view that the applicant deserves bail. Let the applicant Mahipal Singh be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. (Urgency Application No. 3241 of 2008 stands disposed of). (Prafulla.C. Pant, J.) Dt. 02.01.2009 H.Negi