IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 20th day of January, 2009 Bail Application No. 230 of 2009 Order on the Bail Application: CRIMINAL SIDE Zulfikar @ Zulfi S/o late Shri Ramzani R/o Vill. Milak Bichola, P.S. Bhot District Rampur. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Crime No. 1423 of 2003 Under Sections: 307 of I.P.C. Police Station: Rudrapur District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Heard Mr. Zafar Ullah Siddiquie, learned counsel for the applicant and Mr. H.C. Pujari, Addl. Government Advocate for the State. Applicant Zulfikar @ Zulfi has sought his release on bail after he is taken into custody during the trial in Sessions Trial No. 261 of 2004, relating to offence punishable under Section 307 of I.P.C., police station Rudrapur, District Udham Singh Nagar. Learned counsel for the applicant submitted that in the F.I.R. the police has alleged that the accused fired at the police party. It is a no injury case. Earlier, the applicant was granted bail. However, during trial he could not appear in the court, as his father was suffering from cancer at Ajmer. It is further pointed out that the applicant’s father died on 14.07.2008. As the applicant could not appear on the date fixed during the trial, and, earlier bail was cancelled and warrants of arrest were issued against him, and he was taken into custody. Having considered the submission of learned counsel for the parties and after going through the papers on record, this Court is of the view that the applicant deserves bail. Let the applicant Zulfikar @ Zulfi be released on bail on his executing a fresh personal bond and furnishing two fresh sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, concerned. This application is allowed on further condition that the applicant shall attend the court on every date during trial till its conclusion. (Prafulla.C. Pant, J.) Dt. 20.03.2009 H.Negi