IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 7th day of August, 2009 First Bail Application No. 615 of 2009 Criminal Side Mohajjim S/o Zaheer Ahmed R/o Kota Muradnagar (Machharhedi) P.S. Bhagwanpur, District Haridwar. ……...Applicant Versus State of Uttarakhand ……….Opposite Party Arising out of Case Crime No. 318 of 2008 Under Sections: 302, 452 I.P.C. P.S.: Kotwali Manglore District: Haridwar. _____________________________________________________________________________ Hon’ble Prafulla C. Pant, J Heard Shri Lokendra Singh, Advocate for the applicant, Amit Bhatt, A.G.A. for the State, and Shri K.S. Verma, Advocate for the complainant. Applicant-Mohajjim, who is in jail in connection with case crime No. 318 of 2008, relating to offences punishable under Sections 302, 452 I.P.C. P.S.: Kotwali Manglore, District-Haridwar, has sought his release on bail. Learned counsel for the applicant submitted that in the dying declaration Sayid (deceased) has disclosed three names-Salim, Ikram and Shajeed, who committed the crime with a fourth person. Applicant is not named in the dying declaration. From the dying declaration, copy of which is annexure-4 to the bail application, it appears that the deceased has stated that he has seen the fourth person for the first time and he does not know him. Learned counsel for the applicant further contended that as stated in para-15 of the affidavit, filed with the bail application, the applicant was well known to the deceased, as he was his relative. It is argued that had the applicant involved in the crime, the deceased would have named him. The case of the applicant- Mohajjim is different from the rest of the three accused namely Saleem, Ikram and Shajeed. Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail. Let the applicant- Mohajjim, be released on bail on executing personal bond and furnishing two sureties, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Haridwar. Dt. 07.08.2009 (Prafulla C. Pant, J.) S