1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of December, 2011 First Bail Application No. 1094 of 2011 Criminal Side Sunil Kumar @ Saalu S/o Baldev Singh R/o Ramjivanpur Police Station Kunda District Udham Singh Nagar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No.87 of 2011 Under Sections: 302 of I.P.C Police Station: Kunda District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. Abhishek Verma, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. Heard. 2 Applicant– Sunil Kumar @ Saalu, who is in jail in connection with F.I.R. No. 87 of 2011, relating to offence punishable under section 302 of I.P.C, Police Station Kunda, District Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant submitted that applicant is not named in the First Information Report. It is a case of circumstantial evidence. It is further submitted on behalf of the applicant that a pair of slippers said to have found by the Investigating Officer near the dead body, and a cobbler said to have identified said slippers as the one belonging to the present applicant. Though the recovery of weapon (PAATAL) is said to have recovered from the applicant, but it is pleaded that said recovery by itself does not complete the chain of circumstances as against him. It is further submitted that confessional statement made to the police is not admissible in evidence. Applicant has no criminal history. 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. 3 The Bail Application is allowed. Let the applicant- Sunil Kumar @ Saalu, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kashipur. (Prafulla C. Pant, J.) Dt.01.12.2011 Nahid