IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 21st day of August, 2009 Bail Application No. 750 of 2009 Criminal Side Mobin S/o Mahmud Hasan, Village Sirchandi, Police Station Bhagwanpur, District Haridwar …….Applicant Versus State of Uttarakhand ..…..Opposite Party. Arising out of Case Crime No. 97 of 2009, Under Sections: 323, 452, 504, 304 of I.P.C., P.S.: Bhagwanpur, District: Haridwar. Hon’ble Prafulla C. Pant, J. Heard Mr. Shashi Kant Shandilya & Mr. Rajendra Singh, learned counsel for the applicant, Mr. B.S. Parihar, learned Brief Holder for the State and Mr. Manish Arora, learned counsel for the complainant. Applicant - Mobin, who is in jail in connection with Case Crime No. 97 of 2009, relating to offences punishable under Sections 323, 452, 504, 304 of I.P.C., Police Station Bhagwanpur, District Haridwar, has sought his release on bail. Learned counsel for the applicant submitted that from the contents of the First Information Report itself it is clear that Meer Alam (deceased) was killed in “Marpeet”. The applicant’s role has been shown that he caught hold of hands of the deceased. The main assailant is said to be one Kaisher. It is further contended that there is no motive of commission of crime on the part of the applicant. The incident is said to be of mid night. The First Information Report is not lodged by any of the family members, where the incident has taken place. Some Policemen, who said to have reached there, have filed the First Information Report. Having considered the submissions of learned counsel for the parties, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. -2- Let the applicant- Mobin be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Judicial Magistrate, Roorkee. (Prafulla C. Pant, J.) Dt.21.08.2009 NS