IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 30th of June, 2010 Ist Bail Application No. 617 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Sri Omveer & Anr. .….Applicants (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 54/2010, U/s 147, 148, 307, 323, 504 IPC, PS Kotwali Bhagwanpur, District Haridwar. _______________________________________________________________ June 30, 2010 HON’BLE DHARAM VEER, J. Heard Smt. Neetu Singh, Advocate for the applicants and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicants argued that as per the prosecution case, the accused applicants along with co-accused Jai Singh and Karamveer, armed with Sariya, Palkati and revolver, had caused injuries to Vinod and Anil on 28.2.2010 at about 7 pm. She further argued that the cross- case was also registered by the co-accused Karamveer against Anil, Vinod, Ankur and Sonu, in which it was shown that the injuries were caused to the accused applicants and the co- accused Jai Singh on 28.2.2010 at 6 pm and the FIR of this incident was lodged on 7.3.2010 at 8.30 pm at PS Bhagwanpur and accordingly a case crime no. 53/2010 u/s 307/323/506 IPC and 3(1) of SC/ST Act was registered against the accused Anil, Vinod, Ankur and Sonu. She further argued that these are the cross-cases and at this stage, it cannot be ascertained as to which party was the aggressor because the injuries are on both the sides and the applicant Omveer has also received gunshot injury which is grievous in nature and dangerous to life. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR and the cross-FIR, injury reports of Vinod, Anil and that of Omveer, Jai Singh and Sanjit 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 applicants deserve bail at this stage. Let the applicants Sri Omveer and Sri Sanjit be released on bail on executing a personal bond and furnishing of two sureties, each in the like amount by each of them to the satisfaction of JM, Roorkee. Bail application is allowed accordingly. (Dharam Veer, J.) 30.6.2010 PRABODH 2