1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 7th day of June, 2011 First Bail Application No. 400 of 2011 Criminal Side Tosif @ Kalu S/o Shri Haneef R/o Village Bachiti P.S.Deoband District Saharanpur …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime. No. 148 of 2010 (S.T. No. 49 of 2011) Under Sections: 302, 307, 120B I.P.C Police Station: Jhabreda District: Hardwar Hon’ble Prafulla C. Pant, J. Mr. Rajendra Singh, Advocate, present for the applicant. Mr. S.S.Adhikari, A.G.A., present for the State. Heard. 2 Applicant– Tosif @ Kalu, who is in jail in connection with Case Crime. No. 148 of 2010, (S. T No. 49 of 2011) relating to offences punishable under section 302, 307, 120B I.P.C., police station Jhabreda, District Hardwar, has sought his release on bail. Learned counsel for the applicant submitted that one Momin and Dishaad were initially named in the First Information Report relating to murder of Nafees. However, during investigation, the Investigating Officer suspected that other two accused Mohit and Jayanand (not named in F.I.R.) committed the crime. Thereafter, the police arrested Muraddu and Shahzad who were also not named in the First Information Report. It is stated that Muraddu and Shahzad named present applicant as the person involved in the crime. Muraddu and Shahzad have already been directed to be released on bail by this court. Learned counsel for the applicant argued that since deceased (Nafees) was informer of the police, as such commission of his murder by others who had enmity with him can not be ruled out. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- 3 Tosif @ Kalu be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Judicial Magistrate, Roorkee. (Prafulla C. Pant, J.) Dt.7.06.2011 Nahid