1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 18th day of October, 2011 First Bail Application No. 138 of 2011 Criminal Side Mustafa S/o Manjoora R/o Village Ekkar Khurd P.S.Pathri District Hardwar Uttarakhand …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime. No.142 of 2010 Under Sections: 302/342/34 of I.P.C. Police Station: Pathri District: Hardwar Hon’ble Prafulla C. Pant, J. Mr. Rajendra Singh, Advocate, present for the applicant. Mr. Nandan Arya, A.G.A., present for the State. Ms. Neelima Mishra, Advocate, holding brief of Shri Ramji Srivastava,Advocate, present 2 for the complainant. Heard. Applicant– Mustafa, who is in jail in connection with Crime No. 142 of 2010, relating to offence punishable under section 302/342 read with section 34 of I.P.C., police station Pathri, District Hardwar, has sought his release on bail. Learned counsel for the applicant pleaded that from the First Information Report it appears that the role of exhortation has been given to the applicant. Other three accused namely Musarrat, Mursaleen @ Raju and Jakir @ Kala said to have committed murder of Saharban. Statement of witnesses Hanif, Islam and others recorded under section 161 of Cr.P.C., show that the above three sons of present applicant were the persons who were beating Saharban with Lathis and Rods. In the above circumstances, having considered submissions of learned counsel for the parties, and after going through the papers on 3 record, this court is of the view, that applicant deserves bail. The Bail Application is allowed. Let the applicant- Mustafa, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Hardwar. (Prafulla C. Pant, J.) Dt.18.10.2011 Nahid