IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 6rd day of May, 2010 2nd Bail Application No. 41 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Pala Singh S/o Mahendra Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of FIR/Case Crime No. 349/2009, U/s 147/148/149/307/504/506/34 IPC, PS Bazpur, District Udham Singh Nagar. May 6, 2010 HON’BLE DHARAM VEER, J. First bail application of the accused appellant was dismissed as withdrawn vide order dated 3.2.2010 passed by this Court. Hence, the second bail application has been moved on behalf of the accused applicant. Heard Mr. Mr. GC Lakhchaura, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. None appeared for the complainant. Learned Counsel for the applicant argued that the main accused in this case are Kulvinder Singh @ Kinda, Jagtar Singh, Pala Singh S/o Mohan Singh, who were shown in the FIR to be armed with guns, but after the investigation police submitted a Final Report against these accused persons. He further argued that the role assigned to the present applicants are similar as to those aforesaid accused persons against whom the FR have been submitted. He further argued that injuries shown to be suffered by the injured are also simple in nature and not grievous in nature. He also submitted that the applicants have got no previous criminal history, who are in jail since the last more than six months. He also argued that co-accused Manga Singh @ Mangat Singh, Gurmeet Singh, Dilbagh Singh, Kulwant Singh, Ranjeet Singh @ Manga and Palvinder Singh @ Sheru @ Sher Singh have been granted bail by this Court vide order dated 3.5.2010 and the present 2 accused applicant is also entitled for bail on the basis of parity. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, medical report and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicants deserve bail at this stage. Let the applicant Pala Singh S/o Mahendra Singh be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount to the satisfaction of JM, Kashipur. Bail application is allowed accordingly. (Dharam Veer, J.) 6.5.2010 PRABODH