1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 21st day of November, 2011 First Bail Application No. 861 of 2011 Criminal Side Prakash Pandey @ Vikas Tyagi S/o Jagdish Pandey R/o Garhwal Sabha Near SDM Court, Kashipur District Udham Singh Nagar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No.162 of 2010 Under Sections: 302, 120B of I.P.C & 25 Arms Act Police Station: Haldwani District: Nainital Hon’ble Prafulla C. Pant, J. Mr. M.A.Khan, Advocate, present for the applicant. Mr. Hari Om Bhakuni, Brief Holder, present for the State. Heard. 2 Applicant– Prakash Pandey @ Vikas Tyagi, who is in jail in connection with F.I.R. No. 162 of 2010, relating to offences punishable under section 302 and 120B of I.P.C, and one punishable under section 25 Arms Act, Police Station Haldwani, District Nainital, has sought his release on bail. Applicant is not named in the First Information Report. It is a case of circumstantial evidence. Applicant has no criminal history. All the co accused namely Ghananand Joshi, Chaman Lahori, Laxman Thapa, Umesh @ Babbu and Suraj Verma are said to have been already directed to be released on bail. It is further submitted on behalf on behalf of the applicant that neither any recovery connected with the murder is made from the applicant, nor the applicant was put to Test Identification Parade. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Prakash Pandey @ Vikas Tyagi , be released on bail on executing personal bond and 3 furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Nainital. (Prafulla C. Pant, J.) Dt.21.11.2011 Nahid