IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 7th day of July, 2010 First Bail Application No. 635 of 2010. Criminal Side 1. Bhukan Singh Saini S/o Nertam Saini R/o Village Nijamgarh Police Station Jaspur District Udham Singh Nagar 2. Sher Singh S/o Nertam Saini R/o Village Malpuri Police Station Jaspur District Udham Singh Nagar …………Applicants (in Jail) Versus State of Uttarakhand ………….Opposite Party Arising out of Crime / F.I.R. No. 41 of 2010 Under Section: 302, 120B/34 I.P.C. P.S. Jaspur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Shri R.S. Sammal, Advocate, present for the applicants. Shri G.S. Sandhu, G.A., with Shri M.A. Khan, Brief Holder, present for the State. Applicants- Bhukan Singh Saini and Sher Singh, who are in jail in connection with crime/F.I.R. No. 41 of 2010, relating to offences punishable under section 302, 120B/34 I.P.C., P.S. Jaspur, District Udham Singh Nagar, have sought their release on bail. Heard. Learned counsel for the applicants submitted that applicants are sons of deceased Bhagwandai, who is said to have been murdered. It is further submitted that it is a case of circumstancial evidence. There is no eye witness of the incident. It is further submitted that applicants had no motive to commit the crime. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicants deserve bail. Accordingly, bail application is allowed. Let the applicants Bhukan Singh Saini and Sher Singh be released on bail on executing a personal bond by each one of them and furnishing two sureties for each one of them, each of like amount, to the satisfaction of Chief Judicial Magistrate, Kashipur. (Prafulla C. Pant, J.) Dt. 07.07.2010 Parul