IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.866 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Bhuwan Chandra Pandey S/o Madhwanand Pandey, R/o Village Danya, Patwari Circle Danya, Tehsil Bhanoli, District Almora …………Applicant (In Jail) Versus State of Uttarakhand -------Opposite party _______________________________________________________ Arising out of Case Crime No. 07 of 2008 U/s 306 IPC, P.S. Naib Tehsildar, Bhanoli, Distt. Almora Dated: October 3, 2008 Hon’ble Dharam Veer, J. Heard Sri Lalit Sharma, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that the applicant/ accused along with his wife as well as co-accused Naveen Chandra Pandey along with his wife committed murder of Munni Devi on 18.7.2008 and with the same averments the FIR was lodged on 19.7.2008 at 12:45 P.M. with Naib Tehsildar Bhanoli, Distt. Almora by Bhairav Dutt Pandey, father of deceased Munni Devi. On the basis of this FIR, a Case Crime No.07/2008 u/s 302 IPC was registered. Learned counsel for the applicant submitted that during the course of investigation, the police came to the conclusion that it is not an offence punishable u/s 302 IPC rather it is an offence punishable u/s 306 IPC and accordingly the case was converted u/s 306 IPC. He further submitted that applicant is a neighbourer of the deceased Munni Devi and he had got no motive to harass her. He further submitted that applicant has been falsely implicated being the neighbourer of Munni Devi (deceased) and there is no direct or indirect evidence against him in order to connect him with the aforesaid crime. He further submitted that he is in jail since 28.7.2008 and the trial has yet not been started. 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 Bhuwan Chandra Pandey be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Almora. The bail application is disposed of accordingly. (Dharam Veer, J.) 03.10.2008 Rajeev Dang