IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Original Jurisdiction

Dated: Nainital: the 08^th day of July, 2010

First Bail Application No. 641 of 2010.

Criminal Side

Ram Kishore S/o Tej Ram

R/o Village Sitarampur,

Police Station Swar

District Rampur (U.P)

……...Applicant ( in Jail)

Versus

State of Uttarakhand.

…..….Opposite Party

Arising out of Crime/F.I.R. No. 41 of 2010

Under Section: 302, 120B, 34 I.P.C.

P.S. Jaspur

District: UdhamSingh Nagar.

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Hon’ble Prafulla C. Pant, J

Shri Prem Kaushal, Advocate, present for the applicant.

Shri G.S. Sandhu, G.A., with Shri M.A. Khan, Brief Holder, present

for the State.

Applicant-Ram Kishore who is in jail in connection with crime/F.I.R.

No. 41 of 2010, relating to offences punishable under section 302, 120B

read with section 34 I.P.C., P.S. Jaspur, District Udham Singh Nagar, has

sought his release on bail.

Heard learned counsel for the parties.

Learned counsel for the applicant submitted that it is a case of

circumstancial evidence. It is nowhere alleged in the first information report

that anyone has seen any of the accused committing the crime. It is further

2

pointed out that co-accused Bhukan Singh and Sher Singh have already

been granted bail.

Having heard submission of learned counsel for the parties and after

going through the papers on record, this Court is of the view that the

applicant deserves bail.

Accordingly, bail application is allowed. Let the applicant Ram

Kishore be released on bail on executing a personal bond and furnishing two

sureties each of like amount to the satisfaction of Chief Judicial Magistrate,

Rudrapur, Udham Singh Nagar.

(Prafulla C. Pant, J.)

Dt. 08.07.2010

Parul