IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital March 18, 2011 Criminal Misc. Bail Application No. 206/2011 Order on the bail application of accused. CRIMI NAL SIDE Ajai Son of Sri Mamchand, Resident of Choona Bhatta, Kaulagarh, Dehradun. … Applicant Versus State of Uttarakhand. … Opposite Party. Arising out of Case Crime No. 208 of 2010 U/S 308,323,325, 506 of the I.P.C. Police Station Cantt. District Dehradun. By the Court Hon’ble B.S.Verma, J. Heard Mr. Ramji Srivastava, Advocate, learned counsel for the applicant, and Mr. T.C. Agarwal, learned A.G.A. for the State. The applicant has applied for bail in Case Crime No. 208 of 2010, under Sections 308, 323, 325 and 506 of the I.P.C. of police station Cantt. District Dehradun. Learned counsel for the applicant has submitted that though the applicant has been named in the F.I.R., but he has been assigned role of inflicting injuries with Spade in the company of co-accused Lili. In the statement under Section 161 Cr.P.C. recorded by the police, the injured Bhupendra Singh Chauhan has stated that the applicant came to his Theli and asked for a glass. On his refusal, he gave Lathi blow to the injured. A perusal of the first information report, which appears to have been lodged on 26-12-2010 itself by Piyush Chauhan, son of the injured, reveals that injuries were inflicted only by spade on the head of the victim and there is no mention of the applicant having armed with Lathi. Moreover, admittedly the co-accused Lili, who had been assigned similar role in the F.I.R., has already been granted bail by the Chief Judicial Magistrate, Dehradun by order dated 14-1-2011 Considering the circumstances, without entering into the merits of the case, I am of the view that it is fit case for bail. Let the applicant Ajai be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned. Dated: 18-3-2011. ( B.S. Verma, J.) RCP