IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 07th day of July, 2010 First Bail Application No. 633 of 2010 Criminal Side Kharak Singh Bisht S/o Shri Deewan Singh R/o Chakarpur Police Station Khatima District Udham Singh Nagar ………….Applicant (in Jail) Versus State of Uttarakhand. ………….Opposite Party Arising out of Crime/F.I.R. No. 96 of 2008 Under Section: 302 I.P.C.,& 3(2)(v) SC/ST (Prevention of Atrocities) Act P.S. Khatima District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Heard Pratiroop Pandey, Advocate, present for the applicant. Shri G.S. Sandhu, G.A., with Shri M.A. Khan, Brief Holder, present for the State. Applicant- Kharak Singh Bisht @ Baba who is in jail in connection with crime No. 96 of 2008, relating to offence punishable under section 302 I.P.C., and one punishable under section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Khatima, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that applicant is not named in the first information report. It is a case of circumstancial evidence. It is further pointed out that a blade is said to have been recovered from the applicant but P.W.2 Dr.D.S. Negi, who conducted post-mortem examination has stated before the trial court that ante mortem injuries were caused by the blunt object. The applicant is in jail for last two years. In the above circumstances, this Court is of the view that applicant deserves bail. Bail application is allowed. Let the applicant Kharak Singh Bisht @ Baba be released on bail on executing the personal bond and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Dt. 07.07.2010 Parul