IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 11th May, 2011 Order on the bail application of accused 1st Bail Application No. 339 of 2011 CRIMINAL SIDE Ashish Basnet @ Sanny S/o Colonel Ishwar Basnet R/o 142, Nehru Colony, Dehradun, through his pairokar/wife Smt. Sakshi Basnet, w/o Shri Ashish Basnet @ Sanny, aged about 20 years, R/o E-142 Nehru Colony, P.S.- Nehru Colony, Dehradun. …Applicant Versus State of Uttarakhand & another …Opposite Parties Arising out of Case Crime No. 28 of 2011 Under Sections 302/34 I.P.C. P.S. Patel Nagar, District Dehradun. Hon’ble Tarun Agarwala, J. Heard Mr. S.K. Agarwal, the learned senior counsel assisted by Mr. D. Barthwal and Mrs. Mamta Joshi, the learned counsels for the applicant and Mr. B.S. Parihar, the learned Brief Holder for the State. The First Information Report points finger at Jaideep Bohra and the applicant in the commission of the crime. It is alleged that the applicant and Jaideep Bohra had come from Delhi and were with the deceased Naresh Rao and thereafter shot him. While shooting Naresh Rao, the vehicle, in which all the three were travelling, got disbalanced and overturned as a result the applicant sustained some injury. The victim was taken to the hospital, where he was pronounced dead. The co-accused Jaideep Bohra ran away from the scene of the crime, but was subsequently arrested. Jaideep Bohra in his statement under Section 161 of Cr.P.C. clearly indicated that in some previous case, Naresh Rao was doing pairavi against him and accordingly, he made a plan in his own mind to get rid of Naresh Rao. Accordingly, Jaideep Bohra and the applicant went together to Dehradun. He further stated in his statement that after getting an opportune moment, he took out the pistol from the possession of Naresh Rao and shot him point blankly. In the light of the statement of Jaideep Bohra read with the First Information Report, it is clear that Jaideep Bohra is the main person, 2 who shot the victim Naresh Rao and that Jaideep Bohra had an enmity with the deceased. His statement clearly indicates that he had planned on his own and in no way implicates his friend, namely, the applicant Ashish Basnet @ Sanny. In the light of the aforesaid and without committing anything further on the merits of the case, the Court is prima facie of the opinion that the provision of Section 34 I.P.C. is not applicable. The common meeting of mind is not apparent from the statement made by Jaideep Bohra. In the absence of any common intention, the Court is of the opinion that the applicant deserves to be enlarged on bail at this stage. The bail application is allowed. Let the applicant be released on bail in connection with Case Crime No. 28 of 2011, under Sections 302/34 I.P.C., P.S. Patel Nagar, District Dehradun, on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (Tarun Agarwala, J.) Dated 11.05.2011 SP