No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 2043 of 2024 Hon’ble Alok Mahra, J. Mr. Prashant Khanna, learned counsel for the applicant. 2. Mr. Siddhartha Bisht, learned Brief Holder for the State. 3. The applicant – Rahul Kandari, who is in judicial custody in connection with FIR/Case Crime No. 29 of 2024, under Section 103(1) of BNS, registered at P.S.- Chamoli, District Chamoli, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. In this case, FIR was lodged by Darshan Singh that his son Raj Kishore has telephoned him on 31.07.2024 that he is at the home of Sri Balwant Singh Kandari and he would get late, therefore, they should have their dinner. This call was at about 08:42 p.m. Subsequently, after one and a half hour, one Raghunath Singh of the same village has telephoned Darshan Singh that his son Raj Kishore is vomiting in the house of Balwant Singh Kandari. He sent his wife to get Raj Kishore. When she reached there, she found that Raj Kishore was lying dead in the Verandah of the house of Balwant Singh Kandari. As per the post-mortem report, the cause of death of Raj Kishore was ‘intracranial shock and haemorrhage due to ante mortem injuries’. 6. Learned counsel for the applicant would submit that the present applicant is son of Balwant Singh Kandari in whose Verandah of the house, body of the deceased Raj Kumar was found. Learned counsel for the applicant would further submit that there is no FSL report or call details, which could corroborate the averments made in the FIR with the incident and could relate the applicant with the incident. Besides this, there is no eye- witness left alone to the incident. Neither any FSL report has been filed of the alleged wooden rod, by which the deceased was alleged to have been given blow in his head, as per the prosecution story. Learned counsel has further submitted that the deceased as well as the applicant are relative and there is neither any enmity nor the prosecution was able to establish any motive in the crime. 7. Per contra, learned State Counsel would submit that the body of the deceased was found lying in the Verandah of the applicant and as per the post-mortem report, the cause of death of Raj Kishore was ‘intracranial shock and haemorrhage due to ante mortem injuries’. Body of the deceased was recovered from the Verandah of the house of the applicant and the rod was recovered on the pointing out of the accused, therefore, prima facie, there is sufficient evidence that the accused is involved in the crime. 8. Having considered the submissions of learned counsel for the parties and also considering the fact that there is neither any eye-witness to the incident nor the prosecution has been able to establish any motive behind the incident; that neither any FSL report has been filed of the rod, by which the deceased was alleged to have been given blow in his head, nor there is any CDR which would link the complaint with the accused; and, furthermore that the applicant is in jail since 01.08.2024, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned. (Alok Mahra J.) 04.07.2025 Ujjwal