1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 5th day of August, 2011 First Bail Application No. 494 of 2011 Criminal Side Kamal Gupta S/o Maiku Lal R/o Babu Ram Sarraf Nagar P.S. Sadar Kotwali District Lakhimpur Khiri U.P. …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No.314 of 2009 (S.T.No. 301 of 2009) Under Sections: 302, 120B I.P.C. Police Station: Kashipur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. B.S.Negi, Advocate, present for the applicant. Mr. Nandan Arya, A.G.A, present for the State. Heard. 2 Applicant– Kamal Gupta, who is in jail in connection with F.I.R. No. 314 of 2009 (S.T.No. 301 of 2009), relating to offences punishable under section 302 and 120B I.P.C., police station Kashipur, District Udham Singh Nagar, has sought his release on bail. In the First Information Report, one Ajay Panda is named as an accused with three unknown persons. Applicant is not named in the First Information Report. It is alleged in the First Information Report that complainant's son Sumit had some altercations with Ajay Panda whereafter, Ajay Panda along with three others came and fired shots at Sumit and his wife Archana while they were going on a motor cycle. Archana died of the injury suffered by him. Sumit also got injuries. However, during investigation, Sumit was made an accused and investigating agency came up with a case that it was he who had murdered his wife through hired criminals. In this connection, one Ram Narayan Shukla, and present applicant Kamal Gupta were arrested, as the persons who fired shots. However, there is no direct evidence against the present applicant. Accused Sumit and accused Ram Narayan Shukla have already been directed to be released on bail on the ground that it can not be believed that the Sumit would have killed his wife through the persons who fired shots at him. The only evidence said to have 3 been collected against the present applicant is co accused Ram Narayan Shukla gave statement to police that he along with Kamal Gupta with committed murder of the deceased. However, on the basis of such statement given by an accused, during investigation, present applicant can not be convicted. Applicant is in jail since 16.12.2009. 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- Kamal Gupta be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Additional Chief Judicial Magistrate, Kashipur. (Prafulla C. Pant, J.) Dt.05.08.2011 Nahid