1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 2nd day of December, 2011 First Bail Application No. 121 of 2011 Criminal Side Jasveer S/o Netra Pal R/o Mundlana P.S.Manglaur District Hardwar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No. 186 of 2010 Under Sections: 364A of I.P.C Police Station: Kotwali Roorkee District: Hardwar Hon’ble Prafulla C. Pant, J. Mrs. Pushpa Joshi, Senior Advocate, with Shri Amit Kapri, Advocate, present for the applicant. Mrs. Mamta Bisht,A.G.A., present for the State. Mr. Shashi Kant Shandilya, Advocate, present for the complainant. 2 Heard. Applicant– Jasveer , who is in jail in connection with Crime No. 186 of 2010, relating to offence punishable under section 364A of I.P.C, Police Station Kotwali Roorkee, District Hardwar, has sought his release on bail. Applicant is in jail for last more than one and half year. It is a case of circumstantial evidence. Learned counsel for the applicant submitted that PW2 Janeshwar, who is said to have last seen the deceased going with the applicant is a chance witness. Apart from this, what the said witness has stated is that the applicant was following in motor cycle, while the deceased was going in Alto car with two other accused namely Sonu and Monu (who are not granted bail and their bail application was rejected). In the circumstances, their case cannot be said to be similar to that of the present applicant. For the reasons as discussed above, without expressing any opinion as to final merits of the case, this Court is of the view that the present applicant deserves bail. 3 The Bail Application is allowed. Let the applicant- Jasveer, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Roorkee. (Prafulla C. Pant, J.) Dt.02.12.2011 Nahid