IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 16th March, 2011 Order on the bail application of accused Ist Bail Application No.1102 of 2010 CRIMINAL SIDE Istiyak @ Ishitiyak S/o Sri Iliyas … Applicant Versus State of Uttarakhand … Opposite Party Arising out of F.I.R. No.257 of 2010 Under Sections 302/ 394/34 IPC. P.S. Ramnagar District Nainital Hon’ble Tarun Agarwala, J. Heard Mr. R. S. Sammal, the learned counsel assisted by Mr. Prem Kaushal, the learned counsel for the applicant and Mr. S. S. Adhikari, the learned A.G.A. for the State. The applicant is not named in the first information report nor any weapon has been recovered from the applicant. The applicant has been arrested on the basis of a statement made by one Kamar Alam. The said statement was read over by the learned A.G.A. from the counter affidavit, which prima facie does not indicate the involvement of the applicant. In view of the aforesaid, the applicant is entitled to be enlarged on bail. Consequently, the bail application is allowed. Let the accused-applicant be released on bail in connection with FIR No.257/2010, police station Ramnagar, District Nainital on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (Tarun Agarwala, J.) Dated 16.03.2011 LSR