IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.858 of 2010 Order on the Bail application of accused CRIMINAL SIDE Najeer S/o Kadeer Ahmad, R/o Metropol Compound Outhouse Mallital, PS Mallital, Distt. Nainital ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.15/2010, U/s 302/506 IPC, PS Mallital, Distt. Nainital Dated: September 20, 2010 Hon’ble Dharam Veer, J. Heard Mr. Deep Chand Joshi, Advocate for the applicant and Mr. Amit Bhatt, Addl. G.A. for the State. Learned counsel for the applicant argued that only the last seen evidence has been collected by the I.O. against him during investigation and chain of the circumstances to connect him with the said crime is not complete. Learned Addl. GA argued that Tamancha was recovered on the pointing out of the applicant and in reply, it was submitted on behalf of the applicant that no report has come till today as to the whether the said recovered Tamancha was used in the aforesaid crime or not. He further submitted that the co-accused Ankul Balmiki has been granted bail by this Court on 14.9.2010 and the present applicant also deserves bail on the basis of parity. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Nainital. The bail application is allowed accordingly. (Dharam Veer, J.) September 20, 2010 Rajeev Dang