IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.312 of 2010 Order on the Bail application of accused CRIMINAL SIDE Mohan Chandra Kabadwal S/o Prem Ballabh Kandpal R/o Kishanpur Sakulia P.S. & Tehsil Lalkuan District Nainital ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of Case Crime No.12 of 2010, U/s 302/394/201/411/120-B IPC, P.S. Haldwani, District Nainital Dated: April 15, 2010 Hon’ble Dharam Veer, J. Heard Mr. J.S. Virk, Adv. for the applicant and Mr. Amit Bhatt, learned Addl. G.A. for the State. Learned counsel for the applicant argued that the applicant is not named in the FIR and the case rests upon the circumstantial evidence. Further, there is no evidence as collected by the I.O. to connect the applicant with the aforesaid crime. The only evidence as collected against him is that recovery of a mobile phone was made from his possession, for which it was submitted on his behalf that the said mobile was purchased by him from Javed and he is a bonafide purchaser of the same. Further, the chain of the circumstances to connect the applicant with the aforesaid crime is not complete and he is in jail since 9.1.2010 and has no previous criminal history. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, 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 the applicant Mohan Chandra Kabadwal be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Nainital. The bail application is allowed accordingly. 15.04.2010 Rajeev Dang (Dharam Veer, J.)