IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 11th September, 2008 Criminal First Bail Application No. 641 of 2008 Order on the bail application of accused CRIMINAL SIDE Rohtash Pahalwan, S/o Balbeer Singh, R/o Village Lachhera, P.S. Mansoorpur, District Muzaffarnagar, (U.P.) … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No. 21 of 2008 Under Sections 302/34 & 120-B of I.P.C. P.S. Nehru Colony District Dehradun __________________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Mr. Sachin Panwar, Advocate for the applicant, Mr. Nandan Arya, Assistant Government Advocate for the respondent- State and also perused the record. As per the FIR lodged by the complainant/wife of the deceased, the accused Yatendra Chaudhary with three unidentified persons came to the house of the complainant. They were sitting in the drawing room with the deceased/husband of the complainant and talking with each other. Suddenly, the Yatendra Chaudhary fired shot at the deceased- Vinay and thereafter, all of them fled away from the spot. A statement of the deceased was recorded which is annexed with the counter affidavit as Annexure-2 in which he has not named the present applicant and only stated that Yatendra Chaudhary alongwith three persons fired upon the deceased. Looking to the facts and circumstances of the case; the contents of the F.I.R.; the fact that only the accused-Yatendra Chaudhary has been named in the F.I.R. as well as in the statement of the deceased; the fact that the name of the present applicant came into light on the basis of the statement of co-accused Harish Kumar Sharma & Sumit; the fact that the prosecution has not demonstrated any other evidence against the present applicant; and the fact that other co-accused except Yatendra Chaudhary has been released on bail, I am of the view that it is a fit case for bail. Let the accused-applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. Urgency application no. 2171 of 2008 is disposed of accordingly. (J.C.S. Rawat, J.) Dated 11.09.2008 V.K..