IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 01st August, 2008 Criminal Bail Application No.204 of 2008 Order on the bail application of accused CRIMINAL SIDE 1. Sanjay Singh S/o Veer Singh R/o village Pali, Patti Dabralsyun Tehsil Lansdowne, District Pauri 2. Veer Singh S/o Ranjeet Singh R/o village Kyar, Patti Dabralsyun Tehsil Lansdowne, District Pauri ……Applicants Versus State of Uttarakhand …Opposite Party Arising out of case crime No. 1 of 2007 Under Sections 302 & 201 IPC Patti Dabralsyun Tehsil Lansdowne District Pauri Garhwal Hon’ble J.C. S. Rawat J. Heard Mr. D.C.S. Rawat learned cousinly for the applicants and Mr. Nandan Arya, learned Arya, learned A.G.A. for the State. Perused the record. Counter affidavit has been filed by the respondent-State in which the statement of Subhash Baluni has been annexed. I have gone through the entire statement of Subhash Baluni. There were some discrepancies in the statement filed alongwith the counter affidavit. So, the case-diary was produced before me and I have gone through the case-diary also. Learned counsel for the applicants contended that there is only one evidence against the applicant-accused that they were lastly seen in the company of the deceased on 11.11.2007 and thereafter the dead body of the deceased was recovered on 21.11.2007. The dead body of the deceased was found in a de-composed position, as such, the time and duration of death could not be ascertained in the postmortem report. Considering the contentions of the parties and perusal of the case-diary, I am of view that it is fit case for bail. Let the applicants-accused be released on bail one executing a personal bond each and two sureties each in the like amount to the satisfaction of magistrate concerned. (J.C.S. Rawat, J.) Dated 01.08.2008 LSR