IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 7th day of September, 2011 First Bail Application No. 721 of 2011 Criminal Side Shahid, S/o Mohammad Shami R/o Mohalla Kajiyan Kasba Mandawr District Bijnore R/o 16/35 Lakhi Bagh, Kabrastan Colony Kotwali, District Dehradun ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of crime no. 113 of 2011 Under Section: 304 I.P.C. Police Station Patel Nagar District Dehradun -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Niranjan Bhatt, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. Applicant- Shahid, who is in jail in connection with crime no. 113 of 2011, relating to offence punishable under section 304 IPC, Police Station Patel Nagar, District Dehradun, has sought his release on bail. -2- Heard learned counsel for the parties. Learned counsel for the applicant submitted that there is no motive of commission of crime on the part of the applicant. Quarrel is said to have taken place when the deceased who asked the applicant, and his friends not to make noise. It is alleged in the FIR that the deceased was knocked down, and consequently suffered head injury. No specific role is assigned to the applicant. Co-accused Mohammad Ahmad with similar role has already been directed to be released on bail. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Shahid be released on bail on executing personal bond, and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Dehradun. (Prafulla C. Pant, J.) Parul 07.09.2011