IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 25th September, 2008 Order on the bail application of accused Criminal First Bail Application No. 728 of 2008 CRIMINAL SIDE Nasre Ali. …Applicant Versus State of Uttarakhand …Opposite Party Arising out of case crime No. 237/2008 Under Section: 307 I.P.C. Police Station Kashipur, District Udham Singh Nagar. __________________________________________________________ Hon’ble J.C. S. Rawat, J. Heard Mr. Pratiroop Pandey, Advocate for the applicant, Mr. Prabhakar Joshi, Brief Holder for the respondent-State and also perused the record. The learned counsel for the applicant contended that there is no evidence against the present applicant regarding his involvement in the crime; the complainant-Jitendra Pal and his brother/the injured- Chit Pal have not named the applicant in their statements recorded under Section 161 Cr.P.C.; the mobile which was said to be recovered from the possession of accused/applicant Nasre Ali on 12.6.2008 is not connected with the crime at all; the accused/applicant has not been put for identification parade during the course of investigation; and the accused/applicant was arrested after one month of the incident. Considering the facts and circumstances of the case in totality, it is a fit case for bail. Let the accused-applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. Misc. Application No. 2284/2008 is disposed of accordingly. (J.C.S. Rawat, J.) Dated 25.09.2008 V.K.