HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 16th October, 2008 Bail Application No. 430 of 2008 Order on the bail application of the accused. Anand Kumar Arya … Applicant Versus State of Uttarakhand … Opposite Party _____________________________________________________________ Case Crime No. 1979 of 2007 U/s 376 and 302 I.P.C. Police Station Gadarpur District Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Mr. J.S. Virk, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. Learned counsel for the applicant contended that the F.I.R. was lodged against unknown persons; the only evidence against the present applicant is the discovery of patal and danda on his behest on 28/10/2007; the only discovery of the weapon did not complete the chain of the circumstances to implicate the accused in the commission of the offence; the fact that Mahendra and Parvati Devi disclosed the fact after inordinate delay that the accused was seen by them fleeing from the forest; the fact that Mahendra is the cousin of the informant and Parvati Devi is the wife of Mahendra; and the fact that this fact was not disclosed to the informant at the time of the lodging of the F.I.R. or immediately thereafter. Considering the facts and circumstances of the case in totality; contention of the learned counsel for the parties; and documents filed by the parties, I find that it is a fit case for bail. Let the accused/applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. Urgency application No. 1513 of 2008 is disposed of. (J.S.C. Rawat, J.) Dated 16.10.2008 Shiv