IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 22nd April, 2009 Criminal 1st Bail Application No.306 of 2009 Order on the bail application of accused CRIMINAL SIDE Naushad, S/o Mahboob Master. … Applicant Versus State of Uttarakhand … Opposite Party Arising out of F.I.R No. 439 of 2008. Under Sections: 302, 34, 120-B IPC. P.S. Haldwani, District Nainital. Hon’ble J.C. S. Rawat, J. Heard Mr. R.S. Sammal, Advocate for the applicant, Mr. Nandan Arya, A.G.A for the State & also perused the record. On due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R; the documents filed by the parties; the statements of Mohd. Faizan & Iqbal Ahmad recorded u/s 161 Cr.P.C reveal that the present applicant had only caught hold of the deceased at the time of the incident; as per the aforesaid statements, the main assailant is Mohd. Afsar @ Mallu who had fired upon the deceased; & having regard to the facts and circumstances of the case, it is a fit case for bail. Let the accused-applicant namely, Naushad be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S.Rawat, J.) Dated 22.04.2009 V.K