IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 25th day of July, 2011 First Bail Application No. 481 of 2011 Criminal Side Dan Singh Bisht @ Pamma @ Yamuwa S/o Late Shri Gussain Singh Bisht R/o Ratanpur Chakalwa, P.S. Kaladhungi, District Nainital ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of FIR No. 24 of 2011 Under Section: 302/34, 120B I.P.C. Police Station Kaladhungi District Nainital -___________________________________________________________________ Hon’ble Prafulla C. Pant, J Shri T.A. Khan, Advocate, present for the applicant. Shri T.C. Agarwal, A.G.A., present for the State. Applicant- Dan Singh Bisht @ Pamma @ Yamuwa, who is in jail in connection with crime/FIR no. 24 of 2011, relating to offences punishable under section 302/34, 120B IPC, Police Station Kaladhungi, District Nainital, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that from the FIR it appears that it is a case of circumstantial evidence. No eye witness is mentioned. It is also pointed -2- out that co-accused Mohan Singh has been directed to be released on bail. It is further submitted that there was no motive of commission of crime on the part of the applicant Dan Singh Bisht @ Pamma @ Yamuwa. It is also argued that it is not clear if Smt. Geeta who states in her statement under section 161 Cr.P.C., that accused Kamal, Mohan Singh and Dan Singh Bisht skuffled with the deceased, it is not clear as to why she did not inform about the names of the persons to the complainant before the FIR was lodged. In her statement Geeta says that she saw the three persons skuffling with the deceased who was in a drunken state Having considered submissions of learned counsel for the applicant, and learned counsel for the State, and after going through the papers on record, this Court is of the view that applicant deserves bail. Accordingly, bail application is allowed. Let the applicant Dan Singh Bisht @ Pamma @ Yamuwa be released on bail on executing a personal bond, and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Nainital. (Prafulla C. Pant, J.) Parul 25.07.2011