1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 24th day of May, 2011 First Bail Application No. 327 of 2011 Criminal Side Rahees @ Jishan S/o Shri Akbar Khan R/o Bijda Nankar, Ghoshipura, P.S Milakkhanam District Rampur …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of F.I.R No. 04 of 2011 Under Sections: 302, 201 and , 120B I.P.C Police Station: Ramnagar District: Nainital Hon’ble Prafulla C. Pant, J. Mr. B.S.Parihar, Advocate, present for the applicant. Mr. S.S. Adhikari, A.G.A., present for the State. Mr. D.K.Sharma, Advocate, present for the complainant. 2 Applicant–Rahees @ Jishan, who is in jail in connection with Case Crime/F.I.R No. 04 of 2011, relating to offences punishable under Sections 302, 201 and 120 B I.P.C police station Ramnagar, District Nainital, has sought his release on bail. Heard. Learned counsel for the applicant submitted that applicant is not named in the First Information Report. It is pointed out that it is a case of circumstantial evidence. It is further submitted on behalf of the applicant that merely for the reason that applicant was found in possession of his mobile phone from which one of the calls were made to the deceased, can not be said to be a sufficient evidence to implicate the applicant in the matter of commission of murder of the deceased (Intezar Hussain). It is pointed out that it was co accused Nazir Hussain who is found to have been in possession of the mobile phone of the deceased. In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. Bail Application is allowed. 3 Let the applicant-Rahees @ Jishan be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Nainital. (Prafulla C. Pant, J.) Dt.24.05.2011 Nahid