IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.389 of 2010 Order on the Bail application of accused CRIMINAL SIDE Hargovind Singh Negi S/o Narayan Singh Negi R/o Ward No.7 Dak Bungalor P.S. Kaladhungi Distt. Nainital ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of FIR No.48 of 2009, U/s 147/148/149/307/302/396/333/353/336/412/34, 436/427/332/120-B IPC with Section 7 of Criminal Law Amendment Act and Section 3 PPDP Act, P.S. Kaladhungi, District Nainital Dated: April 12, 2010 Hon’ble Dharam Veer, J. Heard Mr. D.S. Mehta, Adv. for the applicant and Mr. Amit Bhatt, learned Addl. G.A. for the State. Learned counsel for the applicant submitted that the incident in question relates to a mob reaction at Kaladhungi, to the murder of one Balwant Singh Kanyal, Block Pramukh, Kotabagh (within the premises of police station, Kaladhungi). He further submitted that the applicant is not named in the FIR in which the mob killed a policeman in the police station after the death of Balwant Singh Kanyal. It is further pleaded that in the video CD/ photographs, present applicant is not shown in action. Further, whatever the incident took place, that was the result of sudden provocation and without any intention or motive and no specific action has been shown by the prosecution against the present applicant. Further co- accused Khim Singh has been granted bail vide this Court’s order dated 18.2.2010 and the applicant deserves bail on the basis of parity. Further the applicant has no criminal history and he is in jail since last six months and the trial is yet to begin. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Hargovind Singh Negi be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Nainital. Bail application is allowed accordingly. (Dharam Veer, J.) 12.04.2010 Rajeev Dang