1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 7th day of June, 2011 First Bail Application No. 393 of 2011 Criminal Side Sanjay Pandey @ Sanju S/o Chedi Lal Pandey R/o Village Anjaki, Police Station Siroli, District Bareilly (U.P), At present R/o Dharanaula, District Almora. …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No. 18 of 2011 Under Sections: 302 and 120B/34 I.P.C. Police Station: Almora District: Almora Hon’ble Prafulla C. Pant, J. Mr. Dinesh Chauhan, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. Heard. 2 Applicant– Sanjay Pandey @ Sanju, who is in jail in connection with Case Crime No. 18 of 2011, relating to offences punishable under section 302/34 and 120B I.P.C., police station Almora, District Almora, has sought his release on bail. The applicant is not named in the First Information Report. There is no eyewitness of actual commission of murder. The statement of witness Kundan Singh Mehta relied by the prosecution also shows that after the alleged quarrel between applicant Sanjay Pandey and Avdesh Pandey, Rajeev, Birendra and Beeru on one side and Mahesh Bisht (deceased) and Kundan Singh Mehta on other side, the deceased had drinks with the accused persons. It is further stated by Kundan Singh Mehta in his statement under section 161 of Cr.P.C., that when Mahesh Bisht got drunk, only accused Avdesh and Rajeev accompanied him thereafter. It is also pointed out that there is no enmity of the applicant Sanjay Pandey with the deceased. It is contended that the applicant has been implicated only due to suspicion. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Sanjay Pandey @ Sanju be released on bail on 3 executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Almora. (Prafulla C. Pant, J.) Dt.7.06.2011 Nahid