1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 15th day of December, 2011 First Bail Application No. 1075 of 2011 Criminal Side Prakash Singh Bora S/o Late Shri Diwan Singh Bora R/o Lohriyasal Talla Post Katgharia P.S. Haldwani District Nainital …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of F.I.R. No 18 of 2011 Under Section: 302/34 of I.P.C. Police Station: Bhowali District: Nainital Hon’ble Prafulla C. Pant, J. Mr. Lalit Sharma, Advocate, present for the applicant. Mr. M.A. Khan, Brief Holder, present for the State. Heard. 2 Applicant– Prakash Singh Bora, who is in jail in connection with F.I.R. No. 18 of 2011, relating to offence punishable under section 302/34 of I.P.C., Police Station Bhowali, District Nainital, has sought his release on bail. Applicant is not named in the First Information Report. It is a case of circumstantial evidence. It is stated that deceased had criminal history, as such enmity with others is not ruled out. It is submitted that there is no recovery from the present applicant. It is further submitted that there is no motive assigned to the applicant to commit the crime. It is pleaded that mere disclosure of name of the present applicant by the co-accused is of no help to the State to implicate the applicant in the case. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Prakash Singh Bora, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction 3 of Chief Judicial Magistrate, Nainital. (Urgency Application No. 4577 of 2011 stands disposed of). (Prafulla C. Pant, J.) Dt.15.12.2011 Nahid