IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 4th day of January 2008 Crl. Bail Application No. 582 of 2007 Order on the Bail Application: CRIMINAL SIDE Yunus Khan S/o Sri Gulam Sabir R/o Village Madarpur, P.S. Thakurdwar District Muradabad (U.P.). ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Crime No. 6003 of 2006 Under Sections: 302, 120-B of I.P.C. Police Station: Kashipur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Heard Mrs. Pushpa Joshi, learned counsel for the applicant and Mr. M.A. Khan, learned Brief Holder for the State. Applicant Yunus Khan, who is in jail in connection with crime No. 6003 of 2006, relating to offences punishable under Section 302, 120-B of I.P.C., P.S. Kashipur, District Udham Singh Nagar, has sought his release on bail. There is specific role assigned to the applicant by the witnesses Wasim Kalia and Bittan in their statement under Section 161 of Cr.P.C. in commission of murder of one Ashu Sharma, at the instance of one Mintu, in jail. The other co-accused, who are enlarged on bail had role of conspiracy only, and not in actual commission of crime. Having considered the submissions of learned counsel for the parties and after going through the record, this Court is not inclined to grant bail to the applicant. The bail application is rejected. (Prafulla C. Pant, J.) Dt. 04.01.2008 H.Negi