IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 8th day of February, 2010 I Bail Application No. 85 of 2010 Order on the Bail Application: CRIMINAL SIDE Ashak Ali S/o Mohd. Navi R/o Village Barkhira Pande, P.S. Kashipur, District U.S. Nagar. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of F.I.R. No. 36 of 2009 Under Sections: 302, 506, 147, 148, 149 / 34 of I.P.C. Police Station: Kunda District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Mr. S.K. Mandal, Advocate present for the applicant. Mr. G.S. Sandhu, Government Advocate present for the State. Applicant Ashak Ali, who is in jail in connection with Crime / F.I.R. No. 36 of 2009, relating to offences punishable under Section 302, 506, 147, 148, 149 / 34 of I.P.C., police station Kunda, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that no specific role has been assigned to the applicant in the first information report. It is contended that the co-accused with similar role have already been directed to be released on bail by this Court. It is also pointed out that the deceased was a criminal history sheeter and his enmity with others cannot be ruled out. Learned counsel for the applicant also pointed out that in the FIR there are only four persons named, but offences punishable under Section 147 and 148 of I.P.C. are also mentioned in 2 the FIR, which indicates that the persons other than those named in the FIR are also involved in the crime. Having heard learned counsel for the parties, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. Let the applicant Ashak Ali be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Dt. 08.02.2010 H.Negi 3