IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.1123 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Pradeep @ Deepa @ Deep Chandra ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.241 of 2008, U/Ss 302/201 IPC, P.S. Bhagwanpur, Distt. Hardwar Dated: January 29, 2009 Hon’ble Dharam Veer, J. Heard Sri Subhash Tyagi, learned counsel for the applicant and Sri Nandan Arya, learned AGA for the State. In brief the prosecution case is that Ram Pal had lodged an FIR at P.S. Bhagwanpur on 15.9.2008 at 4:10 P.M. stating therein that in his field, a dead body of an unknown person is lying. On that basis, the case was registered against unknown person. Learned counsel for the applicant has submitted that the applicant is not named in the FIR and against him, only the last seen evidence of Bablu is there, whose statement was recorded on 22.9.2008 by the Investigating Officer. He further stated that Bablu has stated in his statement that he had last seen the deceased Sonu along with the present applicant/accused and other co-accused. He further submitted that Bablu has not disclosed this fact to the I.O. after the incident and he had disclosed this fact to the I.O. on 22.9.2008 which also creates a doubt in the statement of Bablu. He further stated that except the last seen evidence, no other evidence is there against the present applicant/accused and it is a case of circumstantial evidence and the chain of the circumstances so as to connect the applicant with the present crime is not complete. He further submitted that the applicant/accused is in jail since 30.10.2008 and he has got no criminal history before this case. After considering all the facts and circumstances, 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 applicant Pradeep @ Deepa @ Deep Chandra be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Hardwar. The bail application is disposed of accordingly. (Dharam Veer, J.) Vacation Judge 29.1.2009 Rajeev Dang