IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 4th day of August, 2009 First Bail Application No. 735 of 2009 Criminal Side Bhagwan Das S/o Late Sri Lekhraj R/o Bhauna Islamnagar P.S. Bajpur District Udham Singh Nagar. ……...Applicant Versus State of Uttarakhand ……….Opposite Party Arising out of Case Crime No. 77 of 2009 Under Sections: 302, 201, 120B, 364 I.P.C. P.S.: Bajpur District: Udham Singh Nagar. _____________________________________________________________________________ Hon’ble Prafulla C. Pant, J Heard Shri Suhail Siddqui, learned counsel for the applicant and Shri B.S. Parihar, Brief Holder for the State. Applicant-Bhagwan Das, who is in jail in connection with case crime No. 77 of 2009, relating to offences punishable under Sections 302, 201, 120B, 364 I.P.C. P.S.: Bajpur, District- Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant submitted that it is a case of circumstantial evidence. The First Information Report is delayed by two months. Learned counsel for the applicant further submitted that the only allegation against the applicant is that he was last seen with the co-accused Hari Prasad and Mohan Lal (deceased) on 20.02.2009. The dead body of the deceased is said to have been found in April 2009. It is further pointed out that the motive of commission of crime, in the F.I.R., is assigned to Hari Prasad, not to the applicant. Having heard learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail. Let the applicant- Bhagwan Das, be released on bail on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. Dt. 04.08.2009 (Prafulla C. Pant, J.) S 2