IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 7th day of January, 2009 Bail Application No. 954 of 2008 Order on the Bail Application: CRIMINAL SIDE Vikas Nautiyal S/o Gokul Dev Nautiyal R/o Village Barethi, P.S. Kotwari District Uttarkashi. ………… Applicant Versus S tate of Uttarakhand ………… Opposite Party Arising out of Crime No. 45 of 2008 Under Sections: 302 of I.P.C. Police Station: Kotwali District: Uttarkashi. Hon’ble Prafulla C. Pant, J. Heard Mr. Lokendra Dobhal, learned counsel for the applicant and Mr. Amit Bhatt, learned Additional Government Advocate for the State. Applicant Vikas Nautiyal, who is in jail in connection with crime No. 45 of 2008, relating to offence punishable under Section 302 of I.P.C., police station Kotwali, District Uttarkashi, has sought his release on bail. Learned counsel for the applicant submitted that the applicant has been named in the first information report on suspicion only. It is further pointed out that the applicant himself took the deceased to the hospital for medical treatment as is apparent from the bed head ticket (copy Annexure –1 to the rejoinder affidavit) of the District Hospital Uttarkashi. It is further submitted that with the similar role, in this case of circumstantial evidence, other co- accused Gokul Dev Nautiyal has already been enlarged on bail. Having heard learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the opinion that the applicant deserves bail. Let the applicant Vikas Nautiyal be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Uttarkashi. (Prafulla.C. Pant, J.) Dt. 07.01.2009 H.Negi