IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 11th day of October, 2011 1st Bail Application No.835 of 2011 Order on the Bail Application: CRIMINAL SIDE Rajkumar @ Raju S/o Mahendra Sharma, Residence of Village Bilayat Kudra, P.S. Binawar District Badaun, Uttar Pradesh. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of F.I.R. No. 27 of 2011, Under Section 302, 201, 120-B,34 f I.P.C., Police Station- Jaspur, District –Udham Singh Nagar. o Hon’ble Prafulla C. Pant, J. Mr. Abhishek Verma, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. Heard. Applicant Rajkumar @ Raju, who is in jail in connection with F.I.R. No. 27 of 2011, relating to offences punishable Under Section 302, 201, 120B, read with Section 34 I.P.C., Police Station- Jaspur, District Udham Singh Nagar, has sought his release on bail. It is a case of circumstantial evidence. The applicant is named on suspicion in the First Information Report. Another co-accused Adesh Gupta, who is also named in the First 2 Information Report, has already been directed to be released on bail. Other two co-accused namely Bunty @ Rohitash and Namita Chauhan, who were said to have been conspirators are also directed to be released on bail. Learned counsel for the applicant submitted that there is no recovery made from the applicant to connect him with the crime. The only evidence alleged connecting the applicant with the crime is that he was last seen with the deceased but the proximity of the incident with the date when the applicant was last seen is not clear. In the above circumstance, without expressing any opinion, as to the final merits of the case, this Court is of the view that the applicant deserves bail. The bail application is allowed. Let the applicant Rajkumar @ Raju, be released on bail, in connection with F.I.R. No. 27 of 2011, relating to offences punishable Under Section 302, 201, 120B, read with Section 34 I.P.C., Police Station- Jaspur, District Udham Singh Nagar, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kashipur. (Prafulla C. Pant, J.) 11.10.2011 JM