IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of November, 2011 First Bail Application No. 921 of 2011 Criminal Side Meharban, S/o Shri Wahid R/o Village Dharmawala Police Station Sahaspur District Dehradun ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 130 of 2011 Under Section: 302 IPC Police Station Sahaspur District Dehradun ________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Sandeep Tandon, Advocate, with Ms. Deepa Arya, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. Applicant- Meharban who is in jail in connection with crime no. 130 of 2011, relating to offence punishable under section 302 IPC, Police Station Sahaspur, District Dehradun, has sought his -2- release on bail. Heard learned counsel for the parties. Applicant is not named in the FIR. It is a case of circumstantial evidence. Learned counsel for the applicant pleaded that the applicant has been implicated on the basis of statement of the accused Jishan and Yakoob which cannot be read in evidence as against him. On the other hand, learned counsel for the State pointed out that recovery of knife is said to have been made on pointing out of the applicant. There is no criminal history of the applicant. 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 applicant Meharban be released on bail on executing personal bond , and furnishing two sureties each of the like amount to the satisfaction of Chief Judicial Magistrate, Dehradun. (Prafulla C. Pant, J.) Parul 01.11.2011