IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 12th day of February, 2008 Criminal Bail Application No. 122 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Balvir Singh, S/o Shri Joginder Singh R/o Village Budhia Farm, Dabhora Aihtmali, P.S. Kashipur, District Udham Singh Nagar. .......Applicant(In Jail) Versus State of Uttarakhand .........Opposite Party _____________________________________________________________________________________________________________ Arising out of Case Crime No. 6264 of 2007 Under Sections 307, 323 & 504 I.P.C., P.S. Kashipur, District Udham Singh Nagar. Hon’ble Dharam Veer, J. Heard Sri Balvinder Singh Thind, learned counsel for the applicant and Sri Harish Pujari, learned Additional GA for the State. In brief the prosecution case is that on 2.12.2007 at 2:00 P.M. the applicant Balvir Singh along with co-accused Joginder Singh and Dalbir Singh have caused the injuries with lathis and dandas to Daarshan Singh. With the same averments, the FIR was lodged by Smt. Salwinder Kaur, wife of Darshan on 4.12.2007 at 04:45 P.M. in Reporting Police Chowki I.T.I. Kashipur, District Udham Singh Nagar. Learned counsel for the applicant has submitted that the cross FIR was also lodged by Smt. Jagir Kaur, wife of Joginder Singh against Pratap Singh, Tarsem, Darshan Singh and Pyara Singh in which it was averted that Darshan Singh, Pratap Singh, Tarsem and Pyara Singh have caused the injuries by lathi, patal and tamanchas to Smt. Jagir Kaur, Dalbir Singh and Darshan Singh. He has further submitted that the police have not lodged the FIR moved by Jagir Kaur, hence she moved an application u/s 156(3) Cr.P.C. before Judicial Magistrate Kashipur. After the order of the Judicial Magistrate Kashipur the FIR was lodged on 19.12.2007 at 11:00 A.M. at RoP I.T.I., P.S. Kashipur with Case Crime No. 6679/07 u/Ss. 307/326/324/506 I.P.C. He has further submitted that these are the cross cases and the injuries are on both the sides and at this stage it cannot be ascertained that which of the party was the aggressor. He has further submitted that the injuries on the person of Smt. Jagir Kaur, Dalbir Singh and Darshan Singh are also grievous in nature. He has further submitted that the co-accused Jogendra Singh has been released on bail by this Court on 17.01.2008 and on the basis of parity the present applicant is also entitled for bail. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, the court is of the view that the present applicant deserves bail at this stage. Let applicant Balvir Singh 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. Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) February 12, 2008 ARTI