IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of July, 2011 First Bail Application No. 424 of 2011 Criminal Side 1. Roshan, S/o Late Ishwar Chand 2. Amarjeet, S/o Kishan Both R/o Kehra, Police Station Laksar District Haridwar 3. Shiv Kumar @ Bahadur, S/o Amarpal R/o Laksar, Police Station Laksar District Haridwar ……...Applicants ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime No. 154 of 2010 Under Section: 364, 376, 302, 201, 120B I.P.C. Police Station Jhabrera District Haridwar -___________________________________________________________________ Hon’ble Prafulla C. Pant, J Shri Manish Arora, Advocate, present for the applicants. Shri S.S. Adhikari, A.G.A., present for the State. Applicants- Roshan, Amarjeet and Shiv Kumar @ Bahadur, who are in jail in connection with crime no. 154 of 2010, relating to offences punishable under section 364, 376, 302, 201, 120B IPC, Police Station Jhabrera, District -2- Haridwar, have sought their release on bail. Heard learned counsel for the parties. Learned counsel for the applicants state that he does not want to press the bail application of applicant Roshan at this stage. The bail application of Roshan is dismissed as not pressed. Learned counsel for the applicants submitted that applicant Amarjeet and Shiv Kumar @ Bahadur are not named in the FIR. It is a case of circumstantial evidence. Co-accused Sukhbeer and Basant Kumar @ Bachhu are said to have already been directed to be released on bail. The two applicants namely Amarjeet and Shiv Kumar @ Bahadur are said to have been not in the vehicle Maruti van registered no. UA07B6849 in which Ritu (deceased) was taken before she was said to have been killed. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicants Amarjeet and Shiv Kumar @ Bahadur deserve bail. Accordingly, bail application is allowed. Let the applicants Amarjeet and Shiv Kumar @ Bahadur be released on bail on executing personal bond by each one of them, and furnishing two sureties for each one of them each of like amount to the satisfaction of Judicial Magistrate, Roorkee. (Urgency application no. 2769 of 2011, stands disposed of). (Prafulla C. Pant, J.) Parul 22.07.2011