IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 22nd April, 2009 Criminal 1st Bail Application No.313 of 2009 Order on the bail application of accused CRIMINAL SIDE Padam Singh, S/o Jaibhan Singh. … Applicant Versus State of Uttarakhand … Opposite Party Arising out of Case Crime No. 01 of 2009. Under Section: 302 IPC. Patti Chobati, District Pithoragarh. Hon’ble J.C. S. Rawat, J. Heard Mrs. Pushpa Joshi, Advocate for the applicant, Mr. Nandan Arya, A.G.A for the State & also perused the record. On due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R; the documents filed by the parties; the fact that the applicant is not nominated in the F.I.R; the fact that there is an eye account of Kumari Manju Deopa who has stated in her statement recorded u/s 161 Cr.P.C annexed with the counter affidavit that the present applicant had caused injuries on the body of the deceased by fists & kicks and also by ‘lathi’ (stick); the fact that the co-accused Kalyan Singh has struck on the head of the deceased; the postmortem report discloses that the death of the deceased has occurred due to the antemortem injuries sustained by the deceased on the head; & having regard to the facts and circumstances of the case, it is a fit case for bail. Let the accused-applicant namely, Padam Singh be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S.Rawat, J.) Dated 22.04.2009 V.K