IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No. 620 of 2010 Order on the Bail application of accused CRIMINAL SIDE Kamlesh Kumar S/o Kanheya Lal R/o Village Haldukhata, P.S. Kotdwar, District Pauri Garhwal ……Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: July 02, 2010 Arising out of Case Crime No. 1541 of 2010 U/s 306 of IPC, P.S. Kotdwar, District Pauri Garhwal Hon’ble Dharam Veer, J. Heard Mr. D.C.S. Rawat, Advocate for the applicant and Mr. Amit Bhatt, Additional Government Advocate for the State. Learned counsel for the applicant-accused argued that the alleged incident was said to be happened on 22.5.2010 however the FIR was lodged on 11.6.2010 at P.S. Kotdwar, District Pauri Garhwal and the delay in lodging the FIR has not been explained by the prosecution. He further argued that there is no evidence of abetment against the present applicant and he has been implicated in the aforesaid crime only on the basis of circumstantial 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 Kamlesh Kumar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Pauri Garhwal. The bail application is allowed accordingly. (Dharam Veer, J.) 02.07.2010 RG