IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 07th day of July, 2010 First Bail Application No. 631 of 2010. Criminal Side Dulal Ali S/o Nabbu Ali R/o Maheshpura Police Station Kashipur District Udham Singh Nagar. ………….Applicant ( in Jail ) Versus State of Uttarakhand ………….Opposite Party Arising out of Crime / FIR No. 324 of 2008 Under Section: 302, 394 and 411 I.P.C. P.S. Kashipur District: UdhamSingh Nagar. Hon’ble Prafulla C. Pant, J. Shri G.C. Lakhchaura, Advocate, present for the applicant. Shri G.S. Sandhu, G.A., with Shri M.A. Khan, Brief Holder, present for the State. Applicant- Dulal Ali who is in jail in connection with crime/F.I.R. No. 324 of 2008, relating to offences punishable under section 302, 394, and 411 I.P.C., P.S. Kashipur, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that it is a case of circumstancial evidence. It is further submitted that applicant is in jail since 2008 ( for two years). Recovery of knife is said to have been made from the applicant. Learned counsel for the applicant pointed out that co-accused Sageer with similar role, and also co-accused Virendra Pal from whom motor-cycle is said to have been recovered , have already been granted bail. It is also stated that co-accused Mobin has also granted bail. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that since the role of the present applicant is not different to the persons who have already been granted bail, the application moved by present applicant deserves to be allowed. Accordingly, bail application is allowed. Let the applicant Dulal Ali be released on bail on executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of Additional Chief Judicial Magistrate, Kashipur. (Prafulla C. Pant, J.) Dt. 07.07.2010 Parul