IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Urgency Appln. No.3217/09 IN Criminal First Bail Application No.953 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Subodh Sharma ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.462/09 U/S 302/201 IPC, P.S. Laxman Jhula, Pauri Garhwal Dated: November 26, 2009 Hon’ble Dharam Veer, J. Heard Mr. B.S. Adhikari, Adv. for the applicant and Sri M.A. Khan, learned Brief Holder for the State. Learned counsel for the applicant argued that the applicant had lodged the FIR for missing of his wife on 19.5.2009 at P.S. Rishikesh. Later on the present case was registered at P.S. Laxman Jhula, Distt. Pauri Garhwal as Case Crime No.462 of 2009 u/s 302/201 IPC against the applicant. He further argued that the only evidence collected against him by the I.O. is that the applicant has confessed before someone that he committed the murder of his wife, however the I.O. could not discover the name of that person before whom the applicant confessed his guilt. He further argued that this is the only evidence against the applicant, which was collected by the I.O. and the chain of the circumstances so as to connect the applicant with the aforesaid crime is not complete. He further submitted that he is in jail since May, 2009 and the trial has yet not been started and he has got no criminal history before this case. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Subodh Sharma be released on bail on his executing a personal bond and on furnishing two sureties each of the like amount to the satisfaction of CJM, Pauri Garhwal The bail application is disposed of accordingly. (Urgency appln. No.3217/09 also stands disposed of) (Dharam Veer, J.) 26.11.2009 Rajeev Dang