IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 8th day of December 2009 Ist Bail Application No.1197 of 2009 Order on the Bail application of accused. CRIMINAL SIDE 1. Vipin Bhandari 2. Vivek Rauthan ..….Applicants (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 8, 2009 ____________________________________________________________________ Arising out of Case Crime No.3638 of 2009 Under Section 364 and 120-B of IPC P.S. Kirtinagar (Kotwali), District Tehri Garhwal ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Lokendra Dobhal, learned counsel for the applicants and Sri Amit Bhatt, learned Addl. GA for the State and perused the record. Learned counsel for the applicant argued that before lodging of the present FIR, the complainant Sarojini Devi had lodged an FIR at P.S. Kirtinagar on 16.9.2009 with the averments that her son Rakesh Kukreti had gone from the house on 10.9.2009 for Srinagar but when he did not come back, then the missing report was lodged by her. He further stated that again on 20.9.2009, the same complainant Sarojini Devi lodged another report stating therein that Ravindra and Digamber Singh Chauhand had last seen her son on 10.9.2009 along with the applicants. Thereafter, complainant’s son did not come back. He further submitted that there is only last seen evidence against the applicants and the matter relates to circumstantial evidence. Further, the chain of the circumstances is not complete against the applicants so as to connect them with the crime. It is further submitted that the co-accused Dhan Singh, Virendra Singh, Raghuveer Singh and Jagmohan Singh have been released on bail by this Court vide order dated 4.12.2009 and the present applicants are also entitled for bail on the basis of parity. It is further submitted that the applicants have no previous criminal history; they are in jail since 20.9.2009 and the trial of the case has yet not started. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the FIRs dated 16.9.2009 and 20.9.2009; and other papers available in file, without expressing any opinion about the final merits of the case, this Court is of the view that the present applicants deserve bail at this stage. Let the applicants-Vipin Bhandari and Vivek Rauthan be released on bail on each of their executing personal bonds and also on their furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Tehri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) 08.12.2009 RG