IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 6th day of May, 2010 Ist Bail Application No. 492 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Fakeer Ram .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 08/2009, U/s 302 IPC, Patti Samkot, Tehsil Munsyari, District Pithoragarh. May 6, 2010 HON’BLE DHARAM VEER, J. Heard Smt. Puspha Joshi, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that the alleged incident is said to have happened on 10.10.2009, while the FIR could be lodged on 24.10.2009 and this delay of 14 days in lodging the FIR has not been explained by showing the sufficient cause. She further argued that the inquest report was prepared on 12.10.2009 and the post mortem of the dead body was conducted on 13.10.2009, which shows that the police was aware of this incident and inquest report was also prepared. She further argued that the only evidence against the accused applicant is that Ram Singh S/o Bhagwan Singh has been stated to have witnessed this incident. Another witness Ram Singh S/o Bahadur Singh claimed to be a witness of last seen evidence, but statements of these witnesses are not reliable for the reason that they did not disclose about the said incident for about 17 days and they did not disclose about it even to the brother of the deceased, which creates doubt on the prosecution story. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. 2 Let the applicant Fakeer Ram be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 6.5.2010 PRABODH