IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 16th day of December, 2009 Ist Bail Application No.1168 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Chanda .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of FIR No. 269/2009, U/s 302 I.P.C. PS Ramnagar, District Nainital. _______________________________________________________________ December 16, 2009 HON’BLE DHARAM VEER, J. Mr. Manoj Mohan, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant submitted that the only evidence against the applicant accused is that on the date of incident he was seen going on a motorbike as a pillion rider having a country-made pistol and some other person was driving the said motorbike. He further argued that the I.O. has not collected any direct evidence against him, which may connect the accused applicant with the said crime. He further submitted that opinion of the Panches and the opinion of the Medical Officer differed as mentioned in the inquest report and the post mortem report. He lastly submitted that the accused applicant is a 62 years’ old person suffering from serious ailments and has no criminal history against him and he is in jail since 27.10.2009. After due consideration of the submissions of the learned Counsel for the parties; perusal of the contents of the FIR, inquest report, post mortem report and other papers available on record and having regard to the facts and circumstances of the case and without expressing any opinion about the final merits of the case, the Court is of the view that the accused applicant deserves bail at this stage. Let the applicant Chanda be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 16.12.2009 PRABODH 2