IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 28th of June, 2010 Ist Bail Application No. 601 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Ranjeet Prasad .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 02/2010, U/s 302, 201 & 120B IPC, Patwari Circle Devrada, Tehsil Tharali, District Chamoli. June 28, 2010 HON’BLE DHARAM VEER, J. Heard Mr. AS Rawat, Advocate holding brief of Mr. CS Rawat, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that whatever incident was said to have happened, that happened on sudden provocation and no pre-planning or premeditation was shown. The alleged incident happened on the day of ‘Holi’ festival and the said quarrel had taken place under intoxicated condition. He further argued that there are contradictions in the statements of the witnesses recorded by the Investigating Officer under Section 161 CrPC. He also argued that no motive behind the alleged incident could be shown by the prosecution. He also argued that no specific role has been assigned to the applicant in the FIR, however thereafter in the statement of Jagdish Ram specific role has been assigned which creates doubt about the prosecution story. He also submitted that applicant has got no previous criminal history, who is in jail since last four months. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, statements recorded under Section 161 CrPC 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 applicant deserves bail at this stage. 2 Let the applicant Ranjeet Prasad be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 28.6.2010 PRABODH