IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 18th day of September, 2009 Bail Application No. 852 of 2009 Order on the Bail Application: CRIMINAL SIDE 1. Sish Pal S/o Atar Singh 2. Sonu S/o Pitambar Both R/o Village Kurdi –Bhagwanpur, P.S. Kotwali Laksar, District Haridwar. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Crime No. 100 of 2009 Under Sections: 302, 34 of I.P.C. Police Station: Kotwali Laksar District: Haridwar. Hon’ble Prafulla C. Pant, J. Mr. Rajendra Singh, Advocate present for the applicants. Mr. Prabhakar Joshi, Brief Holder present for the respondent State. Applicants Sish Pal and Sonu, who are in jail in connection with Crime No. 100 of 2009, relating to offences punishable under Section 302, 34 of the I.P.C., P.S. Kotwali Laksar, District Haridwar, have sought their release on bail. Heard learned counsel for the parties. Learned counsel for the applicants submitted that the applicant No. 1 Sish Pal is not named in the first information report. It is further contended that applicant No. 2 Sonu has been named merely on suspicion. Referring to the statement of Gaffar recorded under Section 161 of Cr.P.C., who informed about the death of the deceased 2 to the family members of the deceased, it is contended that there is no eyewitness of the incident. The weapon is said to have been recovered from applicant No. 2 Sonu. Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicants deserve bail. Let the applicants Sish Pal and Sonu be released on bail, on executing a personal bond by each one of them and furnishing two sureties for each one of them, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Haridwar. (Urgency Application No. 2614 of 2009 also stands disposed of). [ (Prafulla.C. Pant, J.) Dt. 18.09.2009 H.Negi 3