IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 6th day of April, 2010 Ist Bail Application No. 393 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Iqbal @ Israr @ Pahalwan .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Crime No. 78/2009, U/s 394, 307, 411 IPC, PS Gadarpur, District Udham Singh Nagar. April 6, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Pratiroop Pandey, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that the applicant is not named in the FIR and even the complainant of the case Malkiyat Singh and the injured witness Subhash Chandra have not supported the prosecution case and declared hostile. He further submitted that the applicant accused has got no previous criminal history and he is in jail since 4.6.2009 and the trial has yet not been completed. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Iqbal @ Israr @ Pahalwan be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 6.4.2010 PRABODH