IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 24th October, 2008 Order on the bail application of accused Criminal First Bail Application No.810 of 2008 CRIMINAL SIDE Jagdish Singh @ Ghimman Singh, S/o Bhawan Singh, R/o Village Ghooni, Patwari Circle Farkhet, Tehsil & District Chamoli. …Applicant Versus State of Uttarakhand ….Opposite Party Arising out of Crime No. 03/2008 Under Sections: 302 & 201 IPC. Patwari Circle Farkhet, District Chamoli. Hon’ble J.C.S. Rawat, J. Heard Mr. Yogesh Pacholiya, Advocate for the applicant, Mr. Nandan Arya, Assistant Government Advocate for the respondent- State & also perused the record. After due consideration of the submission of the learned counsel for the parties; the averments made in the counter affidavit as well as in the bail petition; the last seen evidence produced by the prosecution in the counter affidavit; the fact that the incident took place on 07.06.2008 and the body was recovered on 09.06.2008 and a tehriri report was given to the police in which nothing has been stated about the last seen evidence or regarding suspicion upon the accused applicant; no connecting evidence could be demonstrated before me that how the informant came to know that the witnesses Mohan Singh & Bhakt Darshan Singh informed him about the fact that they saw the applicant with the deceased; F.I.R. has been lodged after nine days of the incident i.e. on 18.06.2008; the tehriri report given at the time of inquest in which the name of the present applicant has not been given; Dilbar Singh has not given the name of the present applicant in the statement recorded under Section 161 Cr.P.C; the statements of Mohan Singh & Bhakt Darshan Singh were recorded on 19.06.2008 & 28.06.2008 whereas the incident took place on 07.06.2008; there is inordinate delay of disclosing the fact of last seen of accused with the deceased by the witnesses, I deem it proper to release the accused/applicant on bail. Let the accused-applicant be release 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 24.10.2008 V.K.