IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 30th day of December, 2010 First Bail Application No. 1042 of 2010 Criminal Side Mohd. Usmaan S/o Shri Ahsan R/o Ganesh Bazar, Srinagar District Pauri Garhwal ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 2112 of 2010 Under Section: 304 I.P.C. P.S. Srinagar, District Pauri Garhwal -________________________________________________________________________ Hon’ble Prafulla C. Pant, J Shri Navnish Negi, Advocate, present for the applicant. Shri M.A. Khan, Brief Holder, present for the State. Applicant- Mohd. Usman , who is in jail in connection with crime no. 2112 of 2010, relating to offence punishable under section 34 I.P.C., P.S. Srinagar, District Pauri Garhwal, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that the applicant had no enmity with the deceased. From the first information report, itself it appears that it is a case of sudden quarrel. It is alleged in the first information report that the applicant pushed the deceased, and he fell down on the ground whereafter he got unconscious and died. There is no weapon used in the crime. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Mohd. Usman be released on bail on executing personal bond and furnishing two sureties , each of like amount to the satisfaction of Chief Judicial Magistrate,Pauri Garhwal. (Prafulla C. Pant, J.) Dt. 30.12.2010 Parul