IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.232 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Rais Ahmad Ansari S/o Late Washir Ahmad R/o Raj Mahal Hotel Compound Mallital Nainital ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: April 5, 2010 Arising out of F.I.R. No.41 of 2009 Under Sections 147, 427, 504, 506 and 307 of IPC P.S. Tallital, District Nainital Hon’ble Dharam Veer, J. Heard Sri Gyanendra Sharma and Sri Pawan Mishra, Advocates for the applicant and Sri Amit Bhatt, Additional G.A. for the State as well as Complainant Sri K.S. Rautela, Advocate and also perused the record. Learned counsel for the applicant/accused has submitted that it is a no injury case and even no intention or motive of the applicant has been shown in the F.I.R. He further argued that on the basis of the averments made in the F.I.R., the offence u/s 307 of IPC is not made out. It is further argued on behalf of the applicant that other co- accused in this case have already been released on bail and the present applicant is also entitled for bail on the basis of parity. Complainant Sri K.S. Rautela, Advocate has submitted that undertaking of the applicant may be taken that he will not misuse the liberty of bail given to him. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of FIR and other papers available on record, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Rais Ahmad Ansari be released on bail on his executing personal bond and on furnishing two sureties each in the like amount to the satisfaction of CJM, Nainital and also on his personal undertaking that he will not misuse the liberty of bail given to him. The bail application is disposed of accordingly. (Dharam Veer, J.) 05.04.2010 RG