HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 10th May, 2006 Bail Application No. 302 of 2006 Order on the bail application of accused CRIMINAL SIDE Rajesh Singh S/o Sri Gabar Singh R/o Village Makudi, Patwari Chauki –Tikochi Tehsil –Morie, District –Uttarkashi ……..Applicant Versus State of Uttaranchal ….….Opposite Party ________________________________________________________ In Case Crime No. 4 of 2005 U/s 302, 201, 397 I.P.C. Police station Patwari Chauki Morie District –Uttarkashi Hon’ble J.C.S.Rawat,J. Heard Sri Prabhakar Joshi-learned counsel for the applicant, learned AGA for the State and perused the record. The case rests on circumstantial evidence. There are two circumstances against the accused-applicant. There is the evidence of some witnesses that the deceased was last seen in the company of the accused- applicant and thereafter he was not found alive. The other circumstance which has been stated is the recovery of lass and it has been alleged in the fard memo that the recovery of the lass was made at the pointing out of the present accused- applicant. Perusal of the medical report reveals that some bones of the deceased were examined by the Doctor. It was contended that the discovery as has been alleged in the memo cannot be said to be a discovery. Considering the facts and circumstance of the case in totality, it is a fit case for bail at this stage. Let the accused- applicant, Rajesh Singh be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. concerned. (J.C.S.Rawat,J. ) Dated 10.05.2006 Shiv