C.J.’s Court IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Original Jurisdiction Dated: Nainital: the 4th day of October, 2002 Criminal Misc. Bail Application No. 1025 of 2002 Order on the Bail Application CRIMINAL SIDE Wahid s/o Alisher R/o Jogawala, P.S. Manglore, District Haridwar ....................... Applicant Versus State of Uttaranchal.................... Opposite party. ______________________________________________________________ Arising Out of Crime No. 81/374/2001 Under Sections: 302, I.P.C. Police Station: Manglore, DISTRICT: Haridwar ______________________________________________________________ By the Court Hon. A. A. Desai, C.J. Heard Sri Arvind Vashistha, learned counsel for the applicant and learned A.G.A. The applicant is facing prosecution alongwith others for the offence punishable under sectin 302, I.P.C. read with section 34, I.P.C. Two accused, according to Sri Arvind Vashistha, learned counsel for the applicant, were released on bail on the plea that though there were four assailants as named in the F.I.R. carrying deadly weapon, the victim (deceased) sustained only one injury. Sri Arvind Vashistha, therefore, urged tht on the ground of parity, the applicant is also entitled to be released on bail. Considered this aspect at length. However, from the statement of the witnesses, it is revealed that at the time of the incident of assault on deceased, this applicant accused held deceased while another co-accused gave blow with the aid of Tabal. This aspect is eloquent to indicate that this applicant accused has substantially and actually shared the intention for the execution of the crime. Therefore, according to me, the applicant is not entitled to bail. The bail application is, therefore, rejected. 04.10.2002 (A.A. Desai, C.J.) A