IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 18th day of August 2008. Bail Application No. 217 of 2008. Criminal Side Sushil @ Pintu S/o Karan Singh R/o Ibrahimpur Tanda, P.S. Bhagwanpur District Haridwar. …….Applicant Versus State of Uttarakhand .…..Opposite Party. Arising out of Crime No. 55 of 2007. Under Section: 302 of I.P.C., Police Station : Shyampur, District: Haridwar. Hon’ble Prafulla C. Pant, J. Heard Ms. Seema Sharma, learned counsel for the applicant, Mr. Mohd. Safdar, Advocate, holding brief of Mr. Rajendra Singh, learned counsel for the complainant and Mr. S.S. Adhikari, learned A.G.A. for the State. Applicant Sushil @ Pintu, who is in jail in connection with Crime No. 55 of 2007 (S.T. No. 08 of 2008), relating to offence punishable under Section 302 of I.P.C., Police Station Shyampur, District Haridwar, has sought his release on bail. Learned counsel for the applicant argued that it is a case of circumstantial evidence. It is further submitted on behalf of applicant that during trial P.W.1 Smt. Rani has not supported the prosecution case and declared hostile. P.W.2 Dharam Pal has not named the applicant Sushil @ Pintu in his examination. As to the statement of P.W.3 Krishna 2 Kumar, it is stated that he is relative of the complainant. Learned counsel for the applicant contended that no motive has been shown for commission of crime by the applicant. Having considered the submissions of learned counsel for the parties, in the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. Let the applicant Sushil @ Pintu be released on bail on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Haridwar. (Prafulla C. Pant, J.) Dt.18.08.2008 NS