IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 16th October, 2008 Criminal Bail Application No.612 of 2008 Order on the bail application of accused CRIMINAL SIDE Bhagwan Singh S/o Karan Singh …Applicant Versus State of Uttarakhand …Opposite Party Arising out of case crime No.43 of 2008 Under Section 302 I.P.C. P.S. Gadarpur District U.S. Nagar ________________________________________________________ Hon’ble J. C. S. Rawat, J. Heard Mr. Kishore Kumar, learned counsel for the applicant and Mr. Nandan Arya, learned A.G.A. for the State. I have gone through the documents alongwith the bail petition as well as the documents filed alongwith the counter affidavit. It was contended on behalf of the applicant that the case rests on the circumstantial evidence; only evidence which is against the applicant is of Angrej Singh, Nishan Singh, Malkit Singh, Trilok Singh and Vipin Kumar recorded under section 161 Cr.P.C. in which they have stated that the applicant was lastly seen in the company of deceased at about 6PM on 02.04.2008 and thereafter on the next morning the dead body of the deceased was found in the river; the chain of the circumstances is not complete; the Tehrir report submitted to the police by the father of the deceased on 05.04.2008 clearly indicates that Nishan Singh, Ganga Singh and Trilok Singh were lastly seen in the company of deceased and they were involved in the commission of the crime; and on the basis of said Tehrir the chick FIR was prepared differently without naming any of the accused persons. Considering the submissions of the parties; perusal of the FIR, written Tehrir and the statements of the witnesses, I am of the view that it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. Urgency application Nos.2106/2008 & 2467/2008 stand disposed of accordingly. (J.S.C. Rawat, J.) Dated 16.10.2008 LSR