IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 27th day of March, 2010 Ist Bail Application No. 371 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Iliyas .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 213/2009, U/s 323, 307, 504, 506, 452 IPC, PS Pathri, District Haridwar. _______________________________________________________________ March 27, 2010 HON’BLE DHARAM VEER, J. Mr. Navneet Kaushik, Advocate for the applicant. Mr. Amit Bhatt, Addl. GA for the State. Mr. Lok Pal Singh, Advocate for the complainant. Heard. In brief, the prosecution case is that on 5.11.2009 at about 4 pm, the present accused applicant Iliyas along with co-accused Altaf and Riyasat caused injuries to the complainant Taseen and his brother Kasim. Accused appellant Iliyas and co-accused Altaf caused injuries with fists and kicks, whereas the co-accused Riyasat shot at Kasim with Gun due to which Kasim received injuries. With these averments, the complainant Taseen lodged the report with PS Pathri, District Haridwar on 6.11.2009 at 7.10 pm. Learned Counsel for the accused applicant argued that the role assigned to the applicant is that he caused injuries with fists and kicks to the complainant and his brother, but no injury of fists and kicks has been found in the medical report. He further argued that the co-accused Riyasat, who has been assigned the main role, has been granted bail by this Court vide order dated 10.3.2010 and the present accused applicant is also entitled for bail on the basis of parity. He also argued that there is a cross-version lodged by the present applicant against 22 accused persons including the complainant Taseen and his brother Kasim and there are three injured, viz., Gufran, Furkan and Altaf from the applicant’s side. He further submitted that on the basis of the FIR lodged by the accused applicant, a Case Crime No. 212/2009 u/s 147, 148, 149, 323, 326, 307, 504, 506 IPC has been registered against the 22 accused persons including the complainant. He further submitted that the said FIR was lodged on 6.11.2009 at 6.40 pm i.e. prior to the FIR lodged by the complainant of this case and at this stage it cannot be ascertained as to who was the aggressor and the injuries sustained on the side of the accused applicant are also on the vital parts and dangerous to life. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR of both sides 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 applicant deserves bail at this stage. Let the applicant Iliyas be released on bail on his executing a personal bond and furnishing of two sureties, each in like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 27.3.2010 PRABODH 2