IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 22nd day of July 2008 I Criminal Bail Application No. 331 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Arjun S/o Ganga ram R/o Pantdeep Tapu, P.S. Kotwali Haridwar District Haridwar. …..Applicant (In Jail) Versus State of Uttarakhand ………Opposite party Dated: July 22, 2008 Arising out of Case Crime No. 643 of 2007 U/Ss.302 I.P.C. P.S. Kotwali Nagar Haridwar District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Sanjeev Singh, learned counsel for the applicant and Sri Harish Pujari, learned Addl. GA for the State as well as Sri Rajendra Singh, learned counsel for the complainant. In brief the prosecution case is that deceased Raj Kumar had gone from his house on 23.09.2007 and in the morning of 24.09.2007, his dead body was recovered nearby a scooter. With the same averments, the F.I.R. was lodged on 24.09.2007 at 9:35 A.M. at P.S. Kotwali city deceased Raj Kumar against Surendra who had telephonically called Raj Kumar in the evening of 23.09.2007. Learned counsel for the applicant submitted that the present applicant is not named in the F.I.R. and even there is no direct evidence against him collected by the I.O. during the investigation. He has further submitted that during the investigation, the Investigating Officer recorded the statement of Smt. Usha, Raj Pal and Surendra u/s 161 Cr.P.C. and Surendra is the main accused, who was named in the FI.R. He has further submitted that whatever the incident was happened, that was happened in an intoxicated condition due to sudden provocation and there is no motive and intention assigned to the present applicant in the statement recorded by the Investigating Officer. He has further submitted that the co-accused Meghpal and Omeshwar Thapa were released on bail by this Court on 28.11.2007 and on the basis of partiy the present applicant is also entitled for bail. After considering all the facts and circumstances, 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 applicant Arjun be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Hardwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 22.07.2008 Arti