IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 13th day of October, 2011 1st Bail Application No.733 of 2011 Order on the Bail Application: CRIMINAL SIDE Gulfam, S/o Islam, R/o Saddiqpura, Police Station-Pilkhuwa, District-Ghaziabad. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of Case Crime No. 415 of 2008, Under Section 302, 394, 20-B I.P.C. Police Station- Kotwali Roorkee, District –Hardwar. 1 Hon’ble Prafulla C. Pant, J. Mr. Arvind Vashishta, Advocate, present for the applicant. Mrs. Mamta Bisht, A.G.A., present for the State. Heard. Applicant Gulfam, who is in jail in connection with Crime No. 415 of 2008, relating to offences punishable under Section 302, 394, 120-B I.P.C., Police Station- Kotwali Roorkee, District Hardwar, has sought his release on bail. It is a case of circumstantial evidence. It is alleged in the First Information Report that some unknown persons committed murder of one Saleem and looted the truck, in which he was sleeping. The incident came to light after the dead body of Saleem was found lying near the brick kiln. As 2 such applicant was not named in the First Information Report. After two months of the incident, two persons namely Anees and Akil were arrested, who disclosed the Police that they, with the help of the present applicant Gulfam and Bobby @ Sunil committed the crime. The said two accused namely Anees and Akil were put to trial, who were correctly identified during the investigation. But both of them Anees and Akil were acquitted of the charge vide judgment and order dated 30th of March, 2010, passed in Sessions Trial No. 143 of 2009, passed by Additional Sessions Judge, Roorkee. Learned counsel for the applicant argued that on the confessional statement made by the said accused, present applicant cannot be held guilty. It is further pointed out that no identification parade has been held to get identified the present applicant. He is in jail for last more than four months. In the above circumstances, without expressing any opinion, as to the final merits of the case, this Court is of the view that the applicant deserves bail. The bail application is allowed. Let the applicant Gulfam, be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Roorkee. (Urgency application No. 3796 of 2011, stands disposed of). (Prafulla C. Pant, J.) 13.10.2011 JM