IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.1061 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Suraj S/o Chote ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.444/09 U/Ss 307/504 IPC, P.S. Rudrapur, Distt. U.S. Nagar Dated: December 22, 2009 Hon’ble Dharam Veer, J. Heard Mr. Pratiroop Pandey, Advocate for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is that on 15.08.2009 at about 9.00 PM, the applicant-accused on being exhorted by Chote Lal, had caused injuries to Mukesh, son of complainant with Tabbal (a sharp edged weapon) as a result of which blood started oozing out. With the same averments, the FIR was lodged by Ram Chander, father of injured, on 15.8.2009 at 9:20 PM at P.S. Rudrapur. Injured Mukesh was medically been examined on the same day at 9:40 PM at J.L. Nehru, Distt. Hospital, Rudrapur where as many as four injuries were recorded in the injury report. The medical officer opined that injury nos.1 and 2 were caused by some sharp object while injury nos.3 and 4 were caused by some sharp and blunt object. After that the supplementary medical report of injured was also prepared in which the medical officer has opined that the injuries on the person of injured were grievous in nature. Learned counsel for the applicant-accused argued that the offence u/s 307 IPC is not made out against the applicant. Per Contra, learned Brief Holder argued that the applicant-accused has been assigned the specific role in causing injury on the skull of injured Mukesh with Tabal which is a sharp edged weapon. He further submitted that in the supplementary report, the medical officer has clearly opined that the injuries were grievous in nature. After considering all the facts and circumstances, on hearing learned counsel for the parties; perusing the contents of the FIR; perusing the supplementary medical report; considering the fact that the applicant is the main accused who caused injuries with a sharp edged weapon to the injured and the injuries are on the vital part, as well as on perusing the other material available on record, the Court is of the view that the present applicant does not deserve bail at this stage. The bail application is liable to be rejected and is rejected accordingly. Rejected. (Dharam Veer, J.) 22.12.2009 Rajeev Dang