IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital : the 10th day of January, 2008 Criminal Bail Application No. 1485 of 2007, Order on the Bail application of accused. CRIMINAL SIDE 1. Sanjay Singh S/o Dalip Singh R/o Village Talli Matkanya, Patwari Kshetra Bardakhan Tehsil & Distt. Champawat 2. Devendra Singh S/o Madan Singh, R/o Village Lauakot, Patwari Kshetra Bardakhan Tehsil & Distt. Champawat …….Applicants (In Jail) Versus State of Uttarakhand ……….Opposite Party _____________________________________________________________________________ Arising out of Case Crime No. 3 of 2007, U/Ss 302 IPC, Patwari Kshetra Daushala Udiyar, Distt. Almora Hon’ble Dharam Veer, J. Heard Smt. Pushpa Joshi, learned counsel for the applicants and Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that on 25.11.2007, Jaman Ram, the village Padhan lodged a report with the Patwari Daushala Udiyar alleging therein that he got information on 25.11.2007 that Baba Khadanand, who was residing in Shivalaya, has been murdered by some unknown persons. On the basis of this report, the case under Section 302 IPC was registered against unknown persons. Learned counsel for the applicants submitted that on 28.11.2007, the statements of Jeet Singh and Khim Singh were recorded by the I.O. and on 9.12.2007, the statement of Umed Singh was recorded and on the basis of those statements, the present applicants were implicated in this case. She further submitted that the matter relates to the circumstantial evidence and there is no direct evidence against the present applicants. She further submitted that the chain of the circumstance is not complete and the persons of whom the statements were recorded by the I.O. against the applicants they are the interested witnesses and inimical to the present applicants. She further submitted that there is only one injury shown to the deceased Baba Khadanand and at this stage it cannot be ascertained that which of the applicants have caused injury to the deceased. She further submitted that the applicants have got no criminal history before this case. After considering all the fact and circumstances, without expressing any opinion about the final merit of the case, the Court is of the view that the present applicants deserve bail at this stage. Let applicants Sanjay Singh and Devendra Singh be released on bail on each of them executing personal personal bond and furnishing two sureties each in the like amount to the satisfaction of the CJM, Almora. (Dharam Veer, J.) January 10, 2008 Rajeev Dang