IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 26th November, 2008 Order on the bail application of accused Criminal First Bail Application No. 338 of 2008 CRIMINAL SIDE Sri Mahesh Singh, S/o Sri Dewan Singh, R/o Village Bhakuna, Thana Someshwar, Dist. Almora. ….Applicant Versus State of Uttarakhand ….Opposite Party Arising out of Case Crime No. 07/2008 Under Sections: 304 IPC & 3/10 SC/ST Act. P.S. Someshwar. ________________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Mr. Vinod Tiwari, Advocate for the applicant, Mr. G.S. Sandhu, G.A. for the respondent-State & also perused the record. After due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R; the fact the eyewitness-Arjun Singh nominated in the F.I.R has not supported the prosecution version under Section 164 Cr.P.C; the fact that names of other eyewitnesses were not indicated till 05.2.2008 by the informant; the fact that the informant was re-examined on 5.02.2008 when he has stated that Smt. Shobha Devi- wife of the deceased in the eyewitness; the fact that the statement of Smt. Shobha Devi was recorded on 06.09.2009 as per the case diary; the name of Smt. Shobha Devi has not been indicated in the earlier statement of the informant recorded by the investigating officer immediately after the F.I.R; and in the facts & circumstances of the case, I deem it proper to release the accused applicant on 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 the magistrate concerned. (J.C.S. Rawat, J.) Dated 26.11.2008 V.K