IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital : the 17th day of June, 2008 First Bail Application No. 227 of 2008 Order on the Bail Application: CRIMINAL SIDE Saudan Singh and another ……… Applicants / Petitioners Versus State of Uttarakhand …….. Respondent Arising out of Crime No. 01 of 2008 Under Sections: 302, 201 and 364 I.P.C. Patwari Circle : Katkhet District : Tehri Garhwal Hon’ble V.K. GUPTA, C. J. Mr. Vinod Sharma, Advocate for the petitioners. Mr. Nandan Arya, Asstt. Government Advocate for the State. 2. After hearing the learned counsel for the parties and upon going through the counter affidavit as well as the short counter affidavit filed on 16.06.2008, I find that it is a fit case where the petitioners should be released on bail. 3. Undoubtedly, the petitioners are charged for the offences U/Ss 302 read with Section 201 and 364 I.P.C., but the entire case is built around circumstantial evidence. I have carefully perused the documents accompanying the counter affidavit including the statements of some prosecution witnesses recorded U/s 161 Cr.P.C. The last seen, as far as the deceased and the petitioners are concerned, happened on 29.01.2008 in connection with some marriage. As per the post-mortem report, the post- mortem was conducted on 11.02.2008 after the dead body was recovered on 10.02.2008. As per the post-mortem report, the death ought to have occurred about 2-3 days prior to the date of conduct of the post-mortem. 2 4. The petitioners were arrested on 08.02.2008. It is reiterated that the last seen happened on 29.01.2008. 5. Based upon the aforesaid circumstances, I think that the petitioners deserve to be released on bail. 6. The petition accordingly is allowed. The petitioners are directed to be released on bail on their executing bail bonds with each petitioner furnishing two sureties in the like amount to the satisfaction of the Sessions Judge, Tehri Garhwal. (V. K. Gupta, C. J.) 17.06.2008 A