HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 29th April, 2009 First Bail Application No. 344 of 2009 Order on the bail application of the accused. Ombir Singh S/o Bhim Singh …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.81 of 2008 U/s 364, 201, 120-B, 34, 467, 420 and 406 I.P.C. Police Station Joshimath District Chamoli Hon’ble J. C. S. Rawat, J. Heard Mr. D.K. Sharma, Advocate for the accused/applicant; Mr. B.S. Parihar, Brief Holder for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; the fact that the alleged accused Sandeep has been released on bail on 01/12/2008 in BA1 No. 823 of 2008 by this Court; the fact that the accused/applicant is said to have been lastly seen in the company of the deceased; witness Harish has not stated in his statement that he had recognized the accused/applicant; the other witness Diwan Chand has not named the present accused /applicant that he had seen lastly in the company of the deceased; learned counsel for the accused/applicant contended that merely a discovery which was made after eight months of the incident is not reliable; and in the facts and circumstances of the case, it is a fit case for bail. Let the accused/applicant Ombir Singh 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 29.04.2009 Shiv