IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 18th September, 2008 Order on the bail applications of accused Criminal First Bail Application No.439 of 2008 CRIMINAL SIDE Shameem S/o Yameen. … Applicant Versus State of Uttarakhand … Opposite Party & Criminal First Bail Application No. 402/2008 CRIMINAL SIDE Jitendra S/o Atar Singh. … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No.192/2007 Under Sections: 302, 201 & 120-B of I.P.C. Police Station Bhagwanpur, District Haridwar. Hon’ble J.C. S. Rawat, J. Heard Mr. Manish Arora & Mr. M.S. Tyagi, Advocates for the applicants-Shameem & Jitendra respectively, Mr. Nandan Arya, Assistant Government Advocate for the respondent-State and also perused the record. The learned counsel for the applicants contended that the report was lodged on 01.08.2007 alleging therein that on 31.07.2007, some unknown persons have shot to death, the deceased-Pravej; the fact that Monu has seen the deceased-Parvej with the co-accused Pradeep on 30.07.2007 in the picture hall and both have left the said picture hall together; Alisher-the complainant & Monu reside in the same village; the fact that the deceased-Parvej was going with Pradeep was not stated to Alisher-the complainant by Monu for five months; the role which has been assigned to the applicants in the counter affidavit is less serious in nature to that of co-accused Pradeep; and the fact the co-accused Pradeep has already been released on bail vide this Court’s order dated 12.09.2008 passed in bail applicantion no. 325/2008. Considering the facts and circumstances of the case in totality, it is a fit case for bail. Let the accused-applicants be released on bail on executing a personal bond each and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S.Rawat, J.) Dated 18.09.2008 V.K