IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Ist Bail Application No.1262 of 2009 Order on the Bail application of accused CRIMINAL SIDE 1. Ram Kumar 2. Jodh Singh ……….Applicants (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.473 of 2009, U/Ss 307/504/506 IPC, P.S. Kotwali Manglaur, Distt. Haridwar Dated: December 29, 2009 Hon’ble Dharam Veer, J. Heard Sri Rajendra Singh, Advocate for the applicant and Sri M.A. Khan, learned Brief Holder for the State. Learned counsel for the applicant has argued that as narrated in the FIR, whatever the incident had happened, that was happened due to sudden provocation and no motive or intention whatsoever can be established. He further submitted for the same offence, a cross FIR was also lodged by Amar Singh as Case Crime No.474/09 u/s 323/324/504/506 IPC. Further in the above-said incident, the applicants Ram Kumar and Jodh Singh also sustained the injuries. In the injury report of Ram Kumar, as many as eight injuries have been shown out of which one is an incised wound. Likewise, in the injury report of Jodh Singh, four injuries have been shown out of them three incised wounds are there. He further submitted that with regard to the injury no.1 of Ram Kumar i.e. incised wound and injury no.3 of Jodh Singh, which is also an incised wound, the medical officer has opined that those injuries were grievous in nature. He further submitted that these are the cross-cases and at this stage it cannot be said that which of the parties was aggressor. He further submitted that in the above-said cross case, accused on the other side i.e. Shamsher @ Sonu has been released on bail by the order of Judicial Magistrate, Roorkee, Haridwar on 31.10.2009 and for that a question-answer has been filed received from court of J.M. Roorkee as Annexure No.8 to the application. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR, perusing the FIR of cross case as Case Crime No.474/2009 of the applicants-accused and also considering the injuries sustained by the applicants and also on perusal of other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage. Let each of the applicants, namely, Ram Kumar and Jodh Singh be released on bail on each of their executing personal bonds and also on furnishing two sureties each in the like amount to the satisfaction of J.M., Roorkee, District Haridwar The bail application is allowed accordingly. (Dharam Veer, J.) 29.12.2009 Rajeev Dang