IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 30th day of November 2009 Ist Bail Application No.1169 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Rahul Rajoriya S/o Sudesh Kumar ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 30, 2009 ____________________________________________________________________ Arising out of Case Crime No.436 of 2009 Under Sections 302, 307, 504 and 34 IPC P.S. Kotwali, District Dehradun ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Ramji Srivastava, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. G.A. for the State and perused the record. Learned counsel for the applicant has argued that the role assigned to the applicant was only of the exhortation and the main accused in the said crime is Gaurav Suri, who had fired upon the parents of the complainant, namely, Smt. Usha Sabbarwal (deceased) and Raghuveer Sabbarwal. It is further argued on behalf of the applicant that the applicant has no enmity with the parents of the complainant and there was also no motive of the applicant to participate in the said crime. Learned counsel for the applicant further submitted that the applicant has no criminal history; he is in jail since 19.9.2009 and the trial of the case has yet not been started. After considering all the facts and circumstances; hearing learned counsel for the parties; on perusal of the contents of the F.I.R.; and other papers available in file, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Rahul Rajoriya be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 30.11.2009 RG