IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 26th day of February 2008 Criminal First Bail application no. 169 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Ayub Hasan S/o Jinda Hasan, R/o village Bara Rampur, P.S. Sahaspur, District Dehradun. ... Applicant/appellant Versus State of Uttaranchal ... Opposite party Arising out of case crime no. 13/08 U/Ss, 304 I.P.C. & 5 Explosive Substance Act, Police Station-Sahaspur District Dehradun. Hon’ble Dharam Veer, J. Heard, Sri Ram Ji Srivastava learned counsel for the applicant/ accused and Sri Harish Pujari, learned Addl. Govt. Advocate for the State. The prosecution case, in brief, is that Sharafat has purchased some waste material from the present accused/applicant Ayub and in the process of breaking the wastes a blast was occurred in which Sharafat has died. This information was given by Noor Alam to the police and S.I. Sri Manoj Kumar Nainwal has lodged a F.I.R. on 15.01.2008 at about 3:10 p.m. at the Police Station Sahaspur, district Dehradun. The incident taken place on 15.01.2008 at 11:10 a.m. Learned counsel for the applicant has submitted that as per the averments made in the F.I.R. the death of deceased Sharafat was caused when the wastes material was broken by the deceased and a blast was occurred and due to this process Sharafat has died. Learned counsel for the applicant has further submitted that no intention and motive has been shown against the present accused in the First Information Report. Even, as per the F.I.R., whatever the incident taken place that was happened due to the sudden circumstances. It is submitted that trial of the case has yet not started. Lastly, it is submitted that the applicant has no criminal history before this case. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Ayub Hasan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) February 26, 2008: NCM: