1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 13th day of October, 2011 First Bail Application No. 883 of 2011 Criminal Side Lal Babu Tewari S/o Sri Markandey Tewari R/o Village Sirsiya Pawar Post Bhawani Chhaper Devariya, District Devariya …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/ F.I.R. No. 52 of 2011 Under Sections: 120B, 302, 328/34 of I.P.C. Police Station: Lalkuan District: Nainital Hon’ble Prafulla C. Pant, J. Mr. G.C.Kandpal, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. 2 Heard. Applicant– Lal Babu Tewari, who is in jail in connection with F.I.R. No. 52 of 2011 relating to offences punishable under section 120B, 302, 328/34 I.P.C, police station Lalkuan, District Nainital, has sought his release on bail. The First Information Report is delayed by more than ten days (without explanation for delay). From the First Information Report, it is also not clear as to why the post mortem report was not got conducted on the dead body of the deceased. Learned counsel for the applicant pleaded that the place of incident as per the First Information Report, is the house of Yogendra Yadav, while in the statement of under section 161 of Cr.P.C., it is the house of D.D.Mishra. It is further pleaded that no specific role is assigned to the applicant, while three other persons were said to be administering the poison. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view, that applicant deserves bail. The Bail Application is allowed. Let the applicant- Lal Babu Tewari, be released on bail on 3 executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Nainital. (Prafulla C. Pant, J.) Dt.13.10.2011 Nahid