IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of November, 2011 First Bail Application No. 928 of 2011 Criminal Side Dilshad, S/o Shri Shareef R/o Village Prempur Police Station Khekda District Bagpat (U.P.) ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 215 of 2011 Under Section: 302, 120B IPC Police Station Kotwali, Roorkee District Hardwar -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Rajendra Singh, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. Applicant- Dilshad who is in jail in connection with crime no. 215 of 2011, relating to offences punishable under section 302, 120B IPC, Police Station Kotwali Roorkee, District Hardwar, has -2- sought his release on bail. Heard learned counsel for the parties. Applicant is not named in the FIR. It is a case of circumstantial evidence. The post mortem report discloses cause of death asphyxia. It is pleaded that applicant regarding whom it is suspected that he wanted to marry wife of the deceased is her relative. There is no recovery from the applicant. It is contended that applicant has been implicated only due to suspicion. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that applicant deserves bail. The bail application is allowed. Let applicant Dilshad be released on bail on executing personal bond , and furnishing two sureties each of the like amount to the satisfaction of Judicial Magistrate, Roorkee. (Prafulla C. Pant, J.) Parul 01.11.2011