IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 05th December, 2008 Criminal Bail Application No. 930 of 2008 Order on the bail application of accused CRIMINAL SIDE Guddu @ Gopal Singh Bisht …Applicant Versus State of Uttarakhand …Opposite Party Arising out of Case Crime / F.I.R. No. 44 of 2008 Under Section 302, 323, 504, 506 I.P.C. P.S. Kathgodam District Nainital Hon’ble J.C.S. Rawat, J. Hard Mr. R.S. Samnmal, Advocate for the applicant and Mr. Amit Bhatt, Addl. G.A. for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; after going through the statements of the witnesses who were present at the spot; it has been stated that Shekhar Joshi fired upon the deceased by which the deceased died at the spot; the role assigned to the present applicant is of stopping the deceased; thereafter the present applicant also tried to assault the deceased, but there is no evidence that the applicant has also assaulted the deceased; the fact that the main role has been assigned to co-accused Shekhar Joshi; and considering the facts and circumstances of the case, I am of view that it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 05.12.2008 V.K.