IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 3rd day of August, 2011 First Bail Application No. 1071 of 2010 Criminal Side Israr @ Bahara S/o Saddan Khan R/o Mohalla Alli Khan P.S. Kashipur, District Udham Singh Nagar ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of FIR No. 433 of 2010 Under Section: 302, 120B I.P.C. Thana Kashipur District Udham Singh Nagar -___________________________________________________________________ Hon’ble Prafulla C. Pant, J Smt. Pushpa Joshi, Advocate, present for the applicant. Shri Nandan Arya, A.G.A., present for the State. Applicant- Israr @ Bahara who is in jail in connection with FIR no. 433 of 2010, relating to offences punishable under section 302, 120B IPC, Police Station Kashipur, District Udham Singh Nagar (Sessions Trial No. 38 of 2011), has sought his release on bail. Heard learned counsel for the parties. Applicant is not named in the FIR. Co-accused -2- have already been granted bail. It is a case of circumstantial evidence. It is pointed out that the applicant had criminal history, but in the present case as many as six witnesses have been examined, and all the six P.W.1 Shamim, P.W.2 Maya Kinnar, P.W.3 Chandrabhan, P.W.4 Afsana, P.W.5 Kinnar Suhail Haji and P.W.6 Kajal, have turned hostile, and did not support the prosecution story. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant Israr @ Bahara deserves bail. Accordingly, bail application is allowed. Let the applicant Israr @ Bahara, be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of Additional Chief Judicial Magistrate, Kashipur. (Prafulla C. Pant, J.) Parul 03.08.2011