IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 21st day of February 2008 Criminal First Bail application no. 102 of 2008 Order on the Bail application of accused persons. CRIMINAL SIDE 1. Dharamveer @ Veeray S/o Balbant Singh, 2. Ishwar S/o Keshu Ram, 3. Itesh S/o Veeray, All r/o village Maharajpur Khurd, Police Station-Kotwali Laksar, District Haridwar. ... Applicants/appellant Versus State of Uttaranchal ... Opposite party Arising out of case crime no. 285/2007 U/Ss, 323,304,436,504 I.P.C. Police Station-Kotwali Laksar, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri Rajendra Singh, learned counsel for the applicants/ accused and Sri M.A. Khan, learned Brief Holder for the State and perused the record. The prosecution case, in brief, is that on 28.10.2007 at 10:00 a.m. accused Itesh had caused injuries to Smt. Batto with TABAL and the Accused Ishwar had caused injuries to Amrish with SARIA and with bricks to Laxman. With the same averments a F.I.R. was lodged by Laxman on the same day at 12:10 p.m. at P.S. Laksar, district Haridwar. Lateron Smt. Batto died due the injuries sustained by her. Learned counsel for the applicant has submitted that a cross version was also lodged by Dharam Veer against accused Laxman, Satish, Bablu and Teema and in that incident the accused Laxman, Satish, Bablu and Teema had caused injuries to Smt. Murti, co- accused Chotti and Dharam Veer. It is further submitted that co- accused Smt. Murti has been grated bail by this Court on 27th Dec. 2007 and the present accused persons are also entitled to bail. He has further submitted that a cross version was also lodged in the police station and at this stage, it cannot be ascertained that which of the party was the aggressor. Learned counsel for the applicants has also submitted that whatever the version made in the F.I.R., it shows that the purpose was not got by the present accused/applicants with intention to kill Smt. Batto and whatever the incident was occurred, it was due to the sudden provocation and not with pre-planned. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicants deserve bail at this stage. Let the applicant/accused Dharam Veer @ Veeray, Ishwar and Itesh be released on bail on their executing personal bonds and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) February 21, 2008: NCM: