IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 02nd day of January, 2008 Criminal Bail Application No. 1489 of 2007 Order on the Bail Application of accused. CRIMINAL SIDE Khush Naseeb, S/o Sharif Ahmad R/o Mohalla Kila, Landhoura, P.S. Kotwali Manglore, District Haridwar. …….Applicant(In Jail) Versus State of Uttarakhand ………..Opposite Party _________________________________________________________________ Arising out of Case Crime No. 194 of 2006 Under Sections 302/452/34/147/148/149 and 120-B I.P.C., P.S. Laksar, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Pawan Kumar, learned counsel for the applicant and Sri Harish Pujari, learned Additional Government Advocate for the State. In brief the prosecution case is that in the night of 16/17.09.2006 complainant Ahmad along with his father Shareef and his brother Sageer was sleeping in cot and electric light was there. At about 2:45 A.M. in the night Afzal, Murtaza and Mustafa came at the place of occurrence and on the exhortation of Afzal and Murtaza Mustafa fired on Sageer and Sageer died. With the same averments, Ahmad has lodged the FIR on 17.09.2006 at 4:50 A.M. Learned counsel for the applicant has submitted that the applicant is not named in the FIR and even in the investigation, no evidence has been collected against the applicant by the Investigating Office. He has further submitted that in the FIR it has specifically been mentioned that Mustafa fired at the deceased Sageer and Mustafa was exhorted by Afzal and Murtaza. He has further submitted that the complainant Ahmad and the present applicant were well known to each other before the date of the incident but the applicant was not named in the FIR as the complainant has stated in the FIR that he has seen the person who caused the injury to the deceased and the persons who have exhorted to do so in the electric light. He has further submitted that the co-accused Irfan has been released on bail by this Court on 08.10.2007 and co-accused Smt. July and Liyakat have also Been released on bail by this Court on 9.10.2007 and on the basis of parity the present applicant is also entitled for bail. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, this court is of the view that the present applicant deserves bail at this stage. Let applicant Khush Naseeb be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) January 02, 2008 ARTI