IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.745 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Smt. Geeta Devi W/o late Sri Netra Singh Karhayat, R/o village Udama, Patti Singali, Tehsil Didihat, District Pithoragarh, At present Tenant G.G.I.C. Ward, Nagar Panchayat Didihat, District Pithoragarh. --------Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party _______________________________________________ Arising out of case crime No.142 of 2008 U/Ss. 302 I.P.C. P.S.Didihat, District- Pithoragarh. Dated: October 3, 2008 Hon’ble Dharam Veer, J. Heard Sri R.S. Sammal, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is this that when Netra Singh (Deceased) was residing at Didihat on a rented house, alongwith his wife and children, on 16th May 2008 the complainant came to know that Netra Singh had died in suspicious circumstances. On the basis of suspicion, the complainant has lodged a First Information Report against the present accused/ applicant and the co-accused Kamlesh Basera on 06.06.2008 at 5:15 p.m. at Police Station Didihat, District Pithoragarh. Learned counsel for the accused/applicant has submitted that the First Information Report of the said incident was lodged after about 20 days of the said incident and the delay in lodging the First Information Report has not been explained with sufficient cause. He has further submitted that in the investigation, the Investigating Officer could not collect any direct or indirect evidence against the applicant/accused. It is further submitted that the F.I.R. has been lodged merely on the basis of suspicion. It is submitted that the applicant is a woman and is suffering with various ailments. Lastly, it is submitted that the accused/applicant is in jail since July, 2008; she 2 has got no criminal history before this case and the trial of the case has yet not started. After considering all the fact and circumstances and hearing the learned counsel for the parties, without expressing any opinion about the final merit of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Smt. Geeta Devi be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Pithoragarh. (Dharam Veer, J.) 03.10.2008 NCM: