IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 6th day of February 2009 Ist Bail Application No.1124 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Sher Singh S/o Pemma R/o Village Chanchak (Naseer pur Khurd) P.S. Pathari, District Haridwar .….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: February 06, 2009 ____________________________________________________________________ Arising out of Case Crime No.134 of 2008 Under Section 302 IPC P.S. Pathari, District Haridwar ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Amish Tiwari, learned counsel for the applicant and Sri B.S. Parihar, learned Brief Holder for the State. In brief, the prosecution case is that on 30.08.2008 at 3:45 P:M dead body of Amro was found in the field of Waheed Hassan in Village Jasodharpur, P.S. Pathari, District Haridwar. With the same averments, the F.I.R. was lodged by Chetram (father-in-law of the deceased) at Police Station Pathari, District Haridwar on 30.08.2008 at 04:10 P:M. Learned counsel for the applicant has argued that the applicant is not named in the F.I.R. and the case rests on the circumstantial evidence. The Investigating Officer has not collected sufficient evidence to connect the present applicant with the said crime. He further argued that it is a case of no evidence and there is not a single statement of witness, recorded by the I.O., on the basis of which the applicant can be connected with the said crime. He further argued that the applicant is in jail since 09.10.2008 and the trial of the case has not yet been started. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Sher Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. (Dharam Veer, J.) Vacation Judge 06.02.2009 RG