IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.254 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Dauli ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: 8th March, 2010 ____________________________________________________________________ Arising out of Case Crime No.167/2009 Under Sections 302/201 of IPC P.S. Gadarpur, District Udham Singh Nagar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri M.S. Pal, Senior Advocate assisted by Sri Tarun Takuli, Advocate holding brief of Sri V.S. Pal, Advocate for the applicant as well as Sri Nandan Arya, AGA for the State and perused the record. Learned counsel for the applicant has submitted that the incident was said to have happened on 11.10.2009, however, the FIR was lodged on 15.10.2009 i.e. after four days at P.S. Gadarpur, which is at a distance of 4.50 Kms from the place of occurrence. It is argued that the only evidence against the applicant is the last seen evidence. It is further argued that it is matter of circumstantial evidence and the chain of circumstances is not complete against the applicant so as to connect him with the above- said crime. It is pleaded that the applicant has no criminal history. Having considered the submissions of learned counsel for the parties and after going through the papers on record, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Dauli be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 08.03.2010 RG