IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 21st April, 2009 Criminal 1st Bail Application No.323 of 2009 Order on the bail application of accused CRIMINAL SIDE Jai Prakash S/o Sunder Singh Yadav. … Applicant Versus State of Uttarakhand … Opposite Party Arising out of Case Crime No. 274 of 2008. Under Sections: 302, 201, 394 & 411 IPC. P.S. Bazpur, District Udham Singh Nagar. Hon’ble J.C. S. Rawat, J. Heard Mr. R.P. Nautiyal, Advocate for the applicant, Mr. Nandan Arya, A.G.A for the State & also perused the record. On due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R; the evidence filed alongwith the counter affidavit; the fact that the statement of Kala has been recorded after an inordinate delay of about one month wherein it is mentioned that he had seen the deceased going with the present applicant; the fact that the discovered item is not connected with the deceased as there was no prior evidence that the deceased had left her house after wearing the said ornaments; and having regard to the facts & circumstances of the case, it is a fit case for bail. Let the accused-applicant namely, Jai Prakash be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S.Rawat, J.) Dated 21.04.2009 V.K