IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 20th day of December, 2011 1st Bail Application No.1202 of 2011 Order on the Bail Application: CRIMINAL SIDE Shahid S/o Yusuf R/o Village Ikkad Khurd, P.S. Pathri, Tehsil & District Haridwar. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of Case Crime No. 82 of 2011, Under Section- 147, 304, 34 .P.C. Police Station- Pathri, District-Haridwar. I Hon’ble Prafulla C. Pant, J. Mr. Manish Arora, Advocate, present for the applicant. Mr. S.S. Adhikari, A.G.A., present for the State. Heard. Applicant Shahid, who is in jail in connection with Crime No. 82 of 2011, relating to offences punishable under Section 147, 304 read with Section 34 I.P.C., Police Station- Pathri, District Haridwar, has sought his release on bail. The First Information Report is delayed by nine days. It is a case of circumstantial evidence. There is no eyewitness of the incident. It is pleaded that applicant has been named only on suspicion. The only evidence said to have been collected 2 against the applicant is that he was last seen with the deceased. Post mortem report discloses that cause of death could not be ascertained. Co-accused Anwar and Hussain Ahmad have already been directed to be released on bail. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Shahid, 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, Haridwar. (Prafulla C. Pant, J.) 20.12.2011 JM