IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of September, 2009 First Bail Application No. 862 of 2009 Criminal Side Rajendra Singh S/o Bhajan Singh R/o Village Darapur P.S. Thakurdwara District Moradabad (U.P.) ……...Applicant Versus State of Uttarakhand ……….Opposite Party Arising out of Crime/F.I.R. No. 35 of 2009 (Sessions Trial No. 133 of 2009) Under Sections: 302 & 201 I.P.C. P.S.: Kashipur District: Udham Singh Nagar. _____________________________________________________________________________ Hon’ble Prafulla C. Pant, J Heard Shri B.S. Parihar, Advocate for the applicant and Shri Amit Bhatt, A.G.A. for the State. Applicant-Rajendra Singh, who is in jail in connection with F.I.R. No.35 of 2009 (Sessions Trial No. 133 of 2009), relating to offences punishable under Sections 302, 201 I.P.C., P.S.: Kashipur, District-Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant submitted that it is a case of circumstantial evidence. He further submitted that there is no eye-witness of commission of crime. It is also pointed out that co-accused Jagpal Singh, with similar role, has already been directed to be released on bail, vide order dated 29.07.2009, passed by this Court on bail application No. 681 of 2009. Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail. Let the applicant- Rajendra Singh, be released on bail on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Kashipur. Dt. 01.09.2009 (Prafulla C. Pant, J.) S