IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 17th day of September 2005 Bail Application No. 880 of 2005 Order on the bail application of accused CRIMINAL SIDE Kuldeep Singh S/o Mubarik Singh R/o Hariyana Farm, Kichha P.S. Kichha District Udham Singh Nagar …Applicant Versus State of Uttaranchal ..Opposite Party ------------------------------------------------------------------------------------------- Arising out of Case Crime No. 1146 of 2005 Under Sections 147, 148, 149, 307, 504, 120-B I.P.C. Thana Kichha District – Udham Singh Nagar By the court Hon’ble B.C.Kandpal, J. The applicant has applied for bail in case crime No. 1146 of 2005 under Sections 147, 148, 149, 307, 504, 120-B I.P.C. Thana Kichha, District Udham Singh Nagar. Heard Sri P.S. Adhikari, learned Senior Advocate, assisted by Sri B.S. Adhikari, learned counsel for the applicant, learned A.G.A. as well as Sri Arvind Vashisth, learned counsel for the complainant and perused the record. According to the prosecution case, the applicant along with five others fired shot at Mohd. Farukh, however, Mohd. Harun could escape and no injury was caused to him while two firearm injuries were caused on the person of Mohd. Farukh. The statement of the injured is annexed along with the bail application which causes a shadow of doubt in the prosecution case, as the injured have stated in his statement that it were Satish Chand, Bhim Bahadur and Prabhu Dayal @ Raju who were carrying country made pistol in their hands and cased injures on the person of Mohd. Farukh. Keeping in view the contradiction between the averments made in the F.I.R. as well as in the statement of the injured Mohd. Farukh, I fm of the view that it is a fit case for bail at this stage. Let the applicant Kuldeep Singh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Magistrate concerned. (B.C. Kandpal, J.) 17.09.2005 ASWAL