IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail application no. 210 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Aamil S/o Mohammed Ummer, R/o Chhakar Ki Milak, P.S. Civil Lines, District Moradabad (U.P.) … Applicant (in jail) Versus State of Uttarakhand … Opposite party Arising out of case crime no. 53/2007 U/Ss, 302,201 I.P.C. Police Station- Kotwali Roorkee, District Haridwar. Dated: July 1, 2008: Hon’ble Dharam Veer, J. Heard Sri Suhail Siddique, learned counsel for the applicant/ accused and Sri Harish Pujari, learned Addl. Govt. Advocate for the State. The present accused/applicant Aamil, who is in jail in connection with crime no. 53 of 2007, relating to offences punishable u/s 302, 201 I.P.C., Police Station Kotwali Roorkee, District Haridwar, has sought his release on bail. Learned counsel for the accused/applicant has submitted that in the First Information Report 7 accused persons are named and it is alleged that the deceased had gone with them to Kaliyar and did not return back. He has further submitted that no specific role has been assigned to the present accused/applicant and it is a case of circumstantial evidence. He has further submitted that the co- accused Margoob has been released on bail by this Court on 22.06.2007 and the co-accused Intazar @ Tinku and Aseem Chikna have also been released on bail by this Court on 16.07.2007 and the co-accused Sayeed @ Surya has been released on bail vide this Court’s order dated 29th December 2007. Therefore, on the basis of parity, the present accused/applicant is also entitled for bail. He has submitted that the present accused/applicant is in jail since 06.09.2007 and the trial of the present case has not yet been started. Lastly, it is submitted that the accused/applicant has got no criminal history before this case. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. 2 Let the applicant/accused Aamil be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 01.07.2008 NCM: