IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 5th day of October, 2009 Bail Application No. 559 of 2009 Order on the Bail Application: CRIMINAL SIDE Jai Prakash Nautiyal S/o Sri Devanand R/o Kandialgaon, Tehsil Pratapnagar District Tehri Garhwal. ………… Applicant Versus tate of Uttarakhand ………… Opposite Party S Arising out of Crime No. 01 of 2009 Under Sections: 302, 201, 120-B / 34 of I.P.C. Police Station: Patwari Circle Kandialgaon District: Tehri Garhwal. Hon’ble Prafulla C. Pant, J. Mr. Pramod Bailwal, Advocate present for the applicant. Mr. M.A. Khan, Brief Holder present for the respondent State. Applicant Jai Prakash Nautiyal, who is in jail in connection with Crime No. 01 of 2009, relating to offences punishable under Section 302, 201, 120-B /34 of the I.P.C., Patwari Circle Kandialgaon, District Tehri Garhwal, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant pointed out that applicant is not named in the first information report. It is further argued that from the statements of witnesses Rakesh Singh Rana, Mahavir Singh and Suresh Singh (even if their version is believed), it is a case of scuffle between the deceased and the three accused, who in a drunken state exchanged blows with fists, as such, at the most it is a case of Section 304 of I.P.C. and not the one punishable under Section 302 of I.P.C. Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. Let the applicant Jai Prakash Nautiyal be released on bail, on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Tehri Garhwal. [ (Prafulla.C. Pant, J.) Dt. 05.10.2009 H.Negi