HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 23rd December, 2009 1st Bail Application No. 1083 of 2009 Order on the bail application of the accused. Jakir @ Arjun S/o Sri Bhura ……. Applicant Versus State of Uttarakhand …….. Opposite Party In F.I.R. No. 36 of 2009 U/s 147, 148, 149, 506, 302, 34 I.P.C. Police Station Kunda District Udham Singh Nagar Hon’ble Tarun Agarwala, J. Heard Mr. Amrish Agarwal, the learned counsel for the applicant and Mr. B.S. Parihar, the learned Brief Holder for the respondent-State. The applicant Jakir @ Arjun is in jail in connection with Crime Case No.36 of 2009 under Section 147, 148, 149, 506, 302, 34 I.P.C., Police Station Kunda, District Udham Singh Nagar and has filed the present bail application for release on bail. It is contended that the applicant was not named in the F.I.R. and that one of the co-accused has named the applicant on the basis of which he has been arrested. The learned counsel for the applicant has pointed out that one of the co-accused Shanti Prasad who was named in the First Information Report has been released on bail by an order dated 08/12/2009 in 1st Bail Application No.929 of 2009. A copy of the order dated 08/12/2009 has been placed before the Court for its perusal. This fact has not been denied by the learned Brief Holder appearing for the State-respondent. In view of the aforesaid, on parity, the accused-applicant is liable to be enlarged on bail. Consequently, the bail application is allowed. Let the applicant Jakir @ Arjun be enlarged on bail, on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judidical Magistrate, Udham Singh Nagar. (Tarun Agarwala, J.) Dated 23.12.2009 Shiv