HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 4th May, 2006 Bail Application No. 303 of 2006 Order on the bail application of the accused CRIMINAL SIDE Bal Kishan S/o Sukh Ram Das R/o Ranigali Bhopatwala Haridwar Police Station Kotwali Haridwar District – Haridwar ….. Applicant Versus State of Uttaranchal ….. Opposite Party ____________________________________________________________ In Case Crime No. 6 of 2006 U/s 364, 302 and 201 I.P.C. Police Station – Kotwali Haridwar District - Haridwar ____________________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Sri Vivek Shukla-learned counsel for the applicant, learned AGA for the State and perused the record. It was contended on behalf of the learned counsel for the applicant that the case rests on circumstantial evidence. It was further contended that Subhash Giri, Om Prakash and Ravi Katiyal are the witnesses who had lastly seen the deceased in the company of the accused-applicant. It was further contended that the other circumstance which has been shown against the applicant is the discovery of a danda from the orchard and that was kept in hay. It is also alleged that some parts of the body was recovered at the instance of the brother of the present applicant. It was further contended that according to the confessional statement made to the police, he had taken the body of the deceased from the house to the orchard and the rest of the accused were not with him. It was further contended that the last seen witness has stated that he has seen all the witnesses coming from the house towards gali. It was further contended that the report was lodged on 07.01.2006 after inordinate delay and the incident took place on 30/31.12.2005. It is also revealed from the statement recorded by the police that there was a dispute of partition of the house. It was further contended that there is no complete chain of the circumstance as has been alleged against the accused-applicant. Considering the facts and circumstances of the case in totality, it is a fit case bail at this stage. Let the accused-applicant, Bal Kishan be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. concerned. (J. C. S. Rawat, J.) Dated 04.05.2006 Shiv