IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 3rd day of February 2009 Ist Bail Application No.97 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Shankar Datt Joshi S/o Shri Teekaram Joshi R/o Village Ramak (Kota), P.S. Lohaghat, District Champawat ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: February 03, 2009 ____________________________________________________________________ Arising out of Case Crime No.02/2008 Under Sections 302, 201 IPC P.S. Lohaghat, District Champawat ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Sanjay Bhatt, learned counsel for the applicant and Sri Amit Bhatt, learned Addl. G.A. for the State. In brief, the prosecution case is that Krishnanand lodged the FIR at Patwari Circle Mangalekh, District Champawat on 7.8.2008 at 4:00 P:M with the averments that his daughter Km. Rekha Devi was murdered by some unknown persons on 5.8.2008. Learned counsel for the applicant submitted that the applicant is not named in the FIR and the case rests on the circumstantial evidence. He further argued that the only evidence against the applicant is the statement of Kailash Chandra (son of the applicant) which was recorded by the Investigating Officer on 13.11.2008 i.e. after about three months of the said incident, except this there is no other evidence against the applicant. He further argued that the complainant Krishnannand has given statement against Kamal and Janki Prasad but the Investigating Officer has not investigated the matter properly. He further argued that the chain of circumstances is not complete against the applicant and the I.O. has not collected sufficient evidence to connect the present applicant with the said crime. He further argued that the co-accused Moti Ram has been released on bail by the order of Session Judge, Champawat on 02.01.2009 and the present applicant is also entitled for bail on the basis of parity. He further argued that the applicant is in jail since 08.12.2008 and the trial of the case has not yet been started and the applicant has got no criminal history before this case. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Shankar Datt Joshi be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Champawat. (Dharam Veer, J.) Vacation Judge 03.02.2009 RG