IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 2nd day of December, 2011 First Bail Application No. 1104 of 2011 Criminal Side Jaichand @ Jayanand S/o Shri Asharam R/o Nagal, Police Station Nagal District Saharanpur (U.P.) ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of crime no. 148 of 2010 Under Section: 302, 307, 120B IPC Police Station Jhabrera District Hardwar -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Manish Arora, Advocate, present for the applicant. Mr. B.S. Parihar, Brief Holder, present for the State. Applicant- Jaichand @ Jayanand who is in jail in connection with crime no. 148 of 2010, relating to offences punishable under section 302, 307, 120B IPC, Police Station Jhabrera, District Hardwar, has sought his release on bail. Heard learned counsel for the parties. -2- Applicant is not named in the FIR. It is a case of circumstantial evidence. In the FIR it is alleged that two unknown persons fired shots at the deceased, and deceased disclosed that he was got killed by one Momin and Dilshad. However, during investigation it appears that two persons namely Murradu and Shehzad got killed the deceased. Learned counsel for the applicant pointed out that Murradu and Shehzad have already been directed to be released on bail. Learned counsel for the applicant pleaded that applicant has no criminal history. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that the applicant deserves bail. The bail application is allowed. Let applicant Jaichand @ Jayanand 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.) Parul 02.12.2011