IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.102 of 2010 Order on the Bail application of accused CRIMINAL SIDE Sundar Lal @ Toney ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.335 of 2009, U/S 302 IPC, P.S. Patel Nagar, Distt. Dehradun Dated: January 29, 2010 Hon’ble Dharam Veer, J. Heard Sri Manish Arora, Adv. for the applicant and Sri S.S. Adhikari, learned AGA for the State. Learned counsel for the applicant has argued that as per the averments made in the FIR, the injuries were caused by co-accused Surendra to Raj Bahadur as a result of which Raja Bahadur succumbed to those injuries. He further argued that only the presence of the present applicant was shown on the place of occurrence but no specific role was assigned to him in commission of the aforesaid crime. Further, even no recovery was made from the possession of the present applicant and whatever the recovery was made, that was made from the possession of co-accused Surendra. Lastly he has no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Sundar Lal @ Toney be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Dehradun. The bail application is allowed accordingly. (Dharam Veer, J.) Vacation Judge 29.1.2010 Rajeev Dang