IN THE HIGH COURT OF UTTARAKHND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 20th day of February 2008 Criminal Bail Application No. 14 of 2008 Order on the Bail application of accused. CRIMINAL SIDE 1. Ajay S/o Kalu Ram 2. Raj Kumar S/o Nathu Singh, Both R/o Village /Dandhera, P.S. Kotwali Roorkee, District Haridwar. ……Applicant(In Jail) Versus State of Uttarakhand -------Opposite party ___________________________________________________ Arising out Case Crime No.281 of 2007 U/Ss.304 I.P.C., P.S. Kotwali Roorkee, District Haridwar. Hon’ble Dharam Veer, J. Heard Sri S.K. Verma, learned counsel for the applicants and Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that on 6 .09.2007 at 4:30 P.M. there was some dispute of water and due to the sudden provocation the applicants have caused the injury by kicks and fists to Smt. Munesh Devi and due to that injury later on she had died. With the same averments, the F.I.R. was lodged by Bhanwar Singh on 6.09.2007 at 6:30 P.M. in P.S. Kotwali Roorkee, District Haridwar. Learned counsel for the applicants has submitted that as per the averments made in the F.I.R. the applicants have not caused the injury to deceased Smt. Munesh Devi with intention to kill her. He has further submitted that whatever the incident happened that was happened due to the sudden provocation and not with the common intention to cause the injury to deceased Smt. Munesh Devi. He has further submitted that the applicants are in jail since 10.09.2007 and the trial of the case has not yet been started and they have no criminal history before this case. After considering all the facts and circumstances, 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 applicants Ajay and Raj Kumar 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.) 20.02.2008 Arti