IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 23rd day of March, 2010 Ist Bail Application No. 348 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Imran @ Najakat .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 202/1998, U/s 302 & 120B IPC, PS Manglore, District Haridwar. _______________________________________________________________ March 23, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Manish Arora, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant submitted that the incident is alleged to have taken place in the intervening night of 13/14.9.1998 and it has been averred in the FIR lodged by Akhtar, brother of the deceased, that Iddu in presence of the complainant shot on Nafees, who died immediately on the spot. He further submitted that the role assigned to the present applicant is that he was seen along with Iddu. He also argued that it is a case of circumstantial evidence and the chain of evidence against the applicant is not complete to connect him with the said crime. He further submitted that the applicant was not named in the FIR. He further submitted that the main accused Iddu has been granted bail by Allahabad High Court vide order dated 1.2.1999 and the co-accused Yasin and Ikhlakh have also been granted bail by the Sessions Court, Haridwar vide order dated 23.10.1998 and the present applicant is also entitled for bail on the basis of parity. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Imran @ Najakat be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of Judicial Magistrate, Roorkee. Bail application is allowed accordingly. (Dharam Veer, J.) 23.3.2010 PRABODH 2