IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 25th day of February 2008 Criminal First Bail application no. 152 of 2008 Order on the Bail application of accused person. CRIMINAL SIDE Ramesh Chand S/o Sri Belamanand, R/o Kharka, Patti Vichla Badalpur, Tehsil Lansdowne, District Pauri Garhwal. …Applicant/appellant Versus State of Uttaranchal …Opposite party Arising out of case crime no. 1/2007 U/Ss, 302 I.P.C. Patwari Circle Vichla Badalpur, District Pauri Garhwal. Hon’ble Dharam Veer, J. Heard, Sri Atul Tripathi learned counsel for the applicant/ accused and Sri M.A. Khan, learned Brief Holder for the State and perused the record. The prosecution case, in brief, is that on 25.11.2007 dead body of Smt. Siddhi Devi was found in the forests. With the same averments a First Information Report was lodge by Sri Hari Singh against unknown person on 27.11.2007 at 4 a.m. in Patwari Circle Badalpur, district Pauri Garhwal. Learned counsel for the applicant has submitted that the Investigating Officer, during the investigation, has only recorded the statements of Sri Anand Singh, husband of the deceased Siddhi devi who has stated that on 25.11.2007 i.e. on the date of incident he has seen the accused/applicant going towards the place of occurrence. Learned Brief Holder Sri M.A. Khan has submitted that this is the only evidence collected by the Investigation Officer against the accused/ applicant. Learned counsel for the accused/applicant has submitted that the chain of the circumstance is not complete against the applicant and it creates doubt in the prosecution case. It is further submitted that there is no criminal history against the applicant before this case. Lastly, it is submitted that the applicant/accused is in jail since 03.01.2008 and trial of the case has not yet been started. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Ramesh Chand be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Pauri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) February 25, 2008: NCM: