IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 8th day of December, 2009 Ist Bail Application No. 929 of 2009 Order on the Bail Application: CRIMINAL SIDE Shanti Prasad S/o Sri Shiv Charan R/o Village Barkhera Pandey P.S. Kashipur District Udham Singh Nagar. ………… Applicant Versus tate of Uttarakhand ………… Opposite Party S Arising out of Crime No. 36 of 2009 Under Sections: 147, 148, 149, 506, 302 / 34 of I.P.C. Police Station: Kunda District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Mr. S.K. Agarwal, Sr. Advocate assisted by Mr. Anurag Bisaria and Mr. Abhishek Verma, Advocates present for the applicant. Mrs. Pushpa Joshi, Advocate present for the complainant. Mr. M.A. Khan, Brief Holder present for the respondent State. Applicant Shanti Prasad, who is in jail in connection with Crime No. 36 of 2009, relating to offences punishable under Section 147, 148, 149, 506, 302 / 34 of I.P.C., P.S. Kunda, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that deceased was a history sheeter and it cannot be ruled out that he had enmity with other people. It is pointed out on behalf of the present applicant Shanti Prasad that as per the log book of D.C.R, Udham Singh Nagar, it appears that the assailants were aged 25-30 years, who killed Fakira (deceased). Learned counsel for the applicant further submitted that the applicant is aged 58 years. Having considered submissions of learned counsel for the parties, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant Shanti Prasad deserves bail. Let the applicant Shanti Prasad be released on bail, on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. [ (Prafulla.C. Pant, J.) Dt. 08.12.2009 H.Negi