IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.1003 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Vishesh S/o Oma R/o Village Barwala, P.S. Sahpur, District Muzaffarnagar ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 31, 2010 __________________________________________________________________ Arising out of Case Crime No.94 of 2010 Under Sections 302/ 34, 120-B IPC, P.S. Jhebreda, District Haridwar ______________________________________________________________ Hon’ble Prafulla C. Pant, J. Sri S.K. Shandiliya, Advocate, present for the applicant. Sri S.S. Adhikari, AGA, present for the State. Rejoinder affidavit filed on behalf of the applicant is taken on record. Applicant Vishesh, who is in jail in connection with Crime No.94/2010, relating to offences punishable under Section 302/34, 120B IPC, Police Station Jhebreda, District Haridwar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that applicant is not named in the first information report. It is alleged in the FIR that three miscreants committed murder of Vikram (father of the complainant). It is further pointed out that co-accused Bijendra, who was also arrested in connection with the crime, has already been directed to be released on bail by this Court. Learned counsel for the applicant further submitted that only a country made pistol has been shown recovered from the applicant. It is further argued that merely on the basis of statement of co-accused that the applicant was involved in the crime applicant cannot be made to stay in jail for an indefinite period. In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. Let applicant Vishesh be released on bail on executing a personal bond and furnishing two sureties, each of like amount to the satisfaction of Chief Judicial Magistrate, Haridwar. Bail application stands allowed. (Misc. Application No.4660 of 2010 also stands disposed of). (Prafulla C.Pant, J.) 31.12.2010 Rajni