IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 1st day of October 2008 Ist Criminal Bail Application No.643 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Jodha Singh S/o Indra Singh ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: 1st October, 2008 ____________________________________________________________________ Arising out of F.I.R. No./Case Crime No.55/2008 Under Sections 307, 504, 506 I.P.C. P.S. Nanakmatta District U.S. Nagar ____________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri J.S. Virk, Advocate and Sri Pratiroop Pandey, learned counsel for the applicant, Sri Lalit Sharma, learned counsel for the complainant as well as Sri M.A. Khan, learned brief holder for the State. In brief, the prosecution case is that on 26.05.2008 at about 2:30 p.m., the accused/applicant along with the other co-accused persons Darshan Singh and Nishan singh caused the injuries to Smt. Bhupindra Kaur, when she was working in the field along with Balwant Singh and Sukhwinder Singh. With the same averments, the First Information Report was lodged by Sukhwinder Singh on 26.05.2008 at 3:50 p.m. at P.S. Nanakmatta, District Udham Singh Nagar. Learned counsel for the applicant submitted that the injuries shown in the injury report and supplementary report are not dangerous to life and even it was not shown in the F.I.R. that the injuries were caused to Smt. Bhupindra Singh with the intention to kill her. He has further argued that though Balwant Singh and Sukhwinder Singh were also shown to be present at the spot but they have no injury, which creates a reasonable doubt in the prosecution case. It is further submitted that the co-accused persons Nishan Singh and Darshan Singh have been released on bail by the order of Juvenile Justice Court being juvenile. After considering all the facts and circumstances, 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 applicant-Jodh 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.) 01.10.2008 RG