IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.842 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Mohammad Shah S/o Akhtar Shah R/o Baghauri, P.S. Sitarganj, District Udham Singh Nagar ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: September 13, 2010 __________________________________________________________________ Arising out of FIR No.49 of 2010 Under Section 302 of IPC, P.S. Kichha, District Udham Singh Nagar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. K.S. Bora, learned counsel for the applicant and Mr. Amit Bhatt, learned Addl. GA for the State. Learned counsel for the applicant submitted that the applicant is not named in the FIR. The case rests upon the circumstantial evidence and the chain of circumstances is not complete so as to connect the applicant with the said crime. Learned Addl. GA for the State has also submitted that no other evidence has been collected by the I.O. against the applicant except that of last seen evidence. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the FIR and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Mohammad Shah be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Udham Singh Nagar. The bail application is allowed accordingly. (Dharam Veer, J.) 13.9.2010 RG