IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION IInd Bail Application No. 83 of 2010 Order on the Bail application of accused CRIMINAL SIDE Pradeep Chandra Gaur S/o Ganesh Prashad R/o Satti Chaud, Patti Motha Dhaak, Thana Kotdwar, Pauri Garhwal ……Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: July 07, 2010 Arising out of Case Crime No.645 of 2010 U/Ss 376, 511, 323, 504, 506 and 395 of IPC, Thana Kotdwar, District Pauri Garhwal Hon’ble Dharam Veer, J. This is the second bail application moved on behalf of the applicant. First bail application was dismissed as not pressed on 7.5.2010 and that was not dismissed on merit. Heard Mr. Kurban Ali, Advocate for the applicant and Mr. Amit Bhatt, Additional Government Advocate for the State. Learned counsel for the applicant argued that the present applicant is not named in the First Information Report and the case rests upon the circumstantial evidence and the chain of circumstances is not complete to connect the applicant with the alleged crime. He further argued that even in the statement recorded u/s 161 Cr.P.C., victim Km. Astha has not made any allegation against the present applicant. It is pleaded that the applicant is in jail since 8.4.2010 and he has got no previous criminal history. 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 Pradeep Chandra Gaur 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.) 07.07.2010 RG