IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 18th September, 2008 Criminal First Bail Application No.580 of 2008 Order on the bail application of accused CRIMINAL SIDE Suresh Chandra S/o Shri Chani Ram, R/o Harinagar Salari, P.S. Bhimtal Patti, Pandeygaon Tah & District Nainital. At present village Kalipur P.S. Chorgaliya District Nainital. … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No.02 of 2008 Under Sections: 302, 201 & 147 of I.P.C. Police Station Patti Pandey Gaon, District Nainital. Hon’ble J.C. S. Rawat, J. Heard Mr. Akhil Kumar Sah, Advocate for the applicant, Mr. Nandan Arya, Assistant Government Advocate for the respondent-State and also perused the record. The learned counsel for the accused-applicant contended that the prosecution has only adduced the evidence of Smt. Deepa Devi who is the wife of the deceased; Smt. Deepa Devi is not eyewitness of the incident; Smt. Deepa Devi has only stated in her statement recorded by the Investigating Officer under Section 161 Cr.P.C that the accused- applicant was annoyed with her husband and he might have killed the deceased; and the prosecution has not led any other evidence against the accused-applicant. Considering the facts and circumstances of the case in totality, it is a fit case for bail. Let the accused-applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. Urgency Application Nos. 1926/2008 & 2239/2008 are disposed of accordingly. (J.C.S.Rawat, J.) Dated 18.09.2008 V.K