IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 24th day of September, 2009 Bail Application No. 772 of 2008 Order on the Bail Application: CRIMINAL SIDE Irfan alias Mohd. Irfan S/o Sri Lal Mohammad R/o Navadiya Police Station Kotwali Milak, District Rampur. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Crime No. 245 of 2005 Under Sections: 147, 148, 149, 307, 420 of I.P.C. Police Station: Sitarganj District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Mr. Mohd. Matloob, Advocate present for the applicant. Mr. M.A. Khan, Brief Holder present for the respondent State. Applicant Irfan alias Mohd. Irfan, who is in jail in connection with Crime No. 245 of 2005, relating to offences punishable under Section 147, 148, 149, 307, 420 of the I.P.C., P.S. Sitarganj, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that there is no public witness of the recovery. It is further submitted that applicant is languishing in jail for more than 4½ years, and still the trial is not concluded. Without expressing any opinion as to the final merits of the case, in the above circumstances, this Court is of the view that the applicant deserves bail. Let the applicant Irfan alias Mohd. Irfan be released on bail, on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. [ (Prafulla.C. Pant, J.) Dt. 24.09.2009 H.Negi