IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 24th day of November 2009 Ist Bail Application No.1148 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Bobby Dhiman .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 231 of 2009, U/s 302, 120B, 34 I.P.C. PS Kotwali Ranipur, District Haridwar. _______________________________________________________________ November 24, 2009 HON’BLE DHARAM VEER, J. Heard Sri K.S. Verma, learned Counsel for the accused applicant and Sri M.A. Khan, Brief Holder for the State. In brief, the prosecution is that in the morning of 30.6.2009, the complainant Ramesh Kumar was informed by Rakesh and Harphul that the dead body of his father Bhopal Singh was lying on the tubewell. On this Ramesh Kumar and other villagers recovered the dead body of Bhopal Singh on the tubewell. The FIR of this incident was lodged on 30.6.2009 at 6.20 am by Ramesh Kumar. Learned Counsel for the accused applicant submitted that the applicant Bobby Dhiman has not been named in the aforesaid FIR. The only evidence collected by the I.O. against him is that the applicant was seen near the field of deceased Bhopal Singh on the alleged date of incident. He further argued that I.O. has not stated that the applicant was seen near the body of the deceased, but he was seen only near the field of the deceased. Hence, there is no direct or circumstantial evidence against the applicant to connect him with the alleged crime. He lastly submitted that the applicant is in jail for nearly one month and there is no criminal history against him. Having heard the submissions of learned Counsel for the parties; after going through the contents of the FIR and after considering 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 Bobby Dhiman 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, Haridwar. Bail application is allowed accordingly. (Dharam Veer, J.) 24.11.2009 PRABODH 2