IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 1St June, 2009 Bail Application No. 384/2009 Order on the bail application of accused CRIMINAL SIDE 1. Ramavtar S/o Sri Jagan Singh. 2. Kalyan Singh S/o Sri Dheer Singh. 3. Bittu S/o Sri Dheer Singh. ….Applicant Versus State of Uttarakhand …Opposite Party --------------------------------------------------------------------- Arising out of Case Crime No. 30/2009 Under Section 304 I.P.C. Police Station Kotwali, Laksar District Haridwar By the court Hon’ble J.C.S.Rawat,J. Heard Mr. Vinod Sharma, Advocate for the applicants and Mr. Amit Bhatt, Brief Holder for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; perusal of the documents filed by the parties; the fact that the injuries as stated by eye - witness annexed with the counter affidavit it is revealed that the main injury was struck by lathi (Stick) on the head of the deceased by the applicant-accused Ramavtar, the co-accused Kalyan Singh and Bittu only assisted in the said incident; keeping in view of the fact the accused- applicant Ramavtar is the main assailant; he is not entitled to get bail. His bail application is rejected. However, considering the facts and circumstances of the case; the fact that the accused-applicants Kalyan Singh and Bittu who have only assisted the accused-applicant Ramavtar in assaulting the deceased are entitled to get the bail. Let the applicants-accused namely Kalyan Singh and Bittu be released on bail on executing a personal bond each and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S.Rawat,J.) Dated 01.06.2009 bhaskar