HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 20th October, 2008 Bail Application No. 869 of 2008 Order on the bail application of the accused. Sanjay Kothari ……. Applicant Versus State of Uttarakhand ……. Opposite Party ____________________________________________________________ Case Crime No. 687 of 2008 U/s 302, 201 I.P.C. & Section 3 (2) (V) of S.C. & S.T. Act Police Station Almora District Almora Hon’ble J. C. S. Rawat, J. Heard Mr. R.S. Rautela, Advocate with Mr. Lalit Mohan Verma, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. Learned counsel for the applicant contended that the accused/applicant is not named in the F.I.R. Accused Inder Singh has been named specifically in the F.I.R. The counter affidavit filed by the State did not reveal how the complexity of the present applicant came into light in the present case. The circumstance of last seen which has been alleged by the informant is only against accused Inder Singh and there is no evidence against the applicant. Considering the facts and circumstances of the case in totality; contentions of the learned counsel for the parties; affidavit & the counter affidavit filed by the parties; and averment made in the F.I.R., I find that it is a fit case for bail. Let the accused/applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat, J.) Dated 20.10.2008 Shiv