HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No.2009 of 2024 Rashid ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Bharat Chaudhary, Advocate for the applicant. Ms. Manisha Rana Singh, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in Case Crime No.234 of 2024, under Sections 302 & 201 IPC, Police Station Patel Nagar, District Dehradun. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. According to the prosecution case, the applicant and Sahnoor both were in relationship and they were staying together. But, suddenly, she disappeared. A missing report was lodged on 26.12.2023, which was subsequently converted to the offence under Section 365 IPC on 31.03.2024. According to the prosecution, the applicant killed the deceased Sahnoor on 27.12.2023 and dumped her dead body in a forest. The dead body was recovered at the instance of the applicant and certain more articles were recovered from him. The alleged recovery was made on 31.03.2024. 2 4. Learned counsel for the applicant would submit that the case is based on circumstantial evidence. There is no motive assigned to the applicant. The dead body was in a decomposed condition. The recovery is false. It is even not established that the skeleton which was recovered is that of Sahnoor. There is no DNA report. 5. Learned State counsel would submit that at the instance of the applicant, the skeleton was recovered and some belonging to the deceased were also recovered from the residence of the sister of the applicant. The applicant had motive to kill the deceased because they were staying together and the applicant would doubt her fidelity. 6. On being asked, learned State counsel has admitted that skeleton has yet not been confirmed as belonging to the deceased because DNA report is still awaited. 7. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 8. The bail application is allowed. 9. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable 3 sureties, each of the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 03.01.2025 Ravi