IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 14th day of September, 2011 First Bail Application No. 749 of 2011 Criminal Side Jaideep Bora S/o Late Kuldeep Singh R/o Rana Ji Enclave, Najabargh New Delhi ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of crime no. 28 of 2011 Under Section: 302 & 34 IPC Police Station Patel Nagar District Dehradun -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mrs. Prabha Naithani, Advocate, present for the applicant. Mr. S.S. Adhikari, A.G.A., present for the State. Applicant- Jaideep Bora, who is in jail in connection with crime no. 28 of 2011, relating to offence punishable under section 302/34 IPC, Police Station Patel Nagar, District Dehradun, has sought his release on bail. Heard learned counsel for the parties. -2- Learned counsel for the applicant submitted that applicant is named in the First Information Report but there is no eye witness of commission of crime. Co-accused Ashish Basnet with similar role has already been directed to be released on bail. It is further pointed out that no recovery of any weapon is made from the applicant. It is argued that it is hard to believe that a person sitting inside the vehicle would kill the driver of such vehicle, as it would automatically meet some accident. It is also pleaded that if the deceased had enmity with the applicant, he would not have gone with a vehicle to take the applicant from the bus stand in his vehicle, on his request. The possibility of shot being fired by someone who was not in the vehicle cannot be ruled out. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Jaideep Bora be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Dehradun. (Prafulla C. Pant, J.) Parul 14.09.2011