IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.824 of 2010 Order on the Bail application of accused. CRIMINAL SIDE 1. Basant Kumar S/o Chaman Lal 2. Jaibeer S/o Sukhbeer Both R/o Dhanpura, P.S. Pathri, District Haridwar ..….Applicants (In Jail) Versus State of Uttarakhand …….Opposite party Dated: September 7, 2010 __________________________________________________________________ Arising out of Case Crime No.8/29/2010 Under Sections 147, 148, 149, 302, 307, 323 and 506 of IPC P.S. Pathri, District Haridwar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. K.S. Verma, Advocate for the applicants, Mr. Amit Bhatt, Addl. GA for the State and Mr. Parikshit Saini, Advocate for the complainant. In brief, the prosecution story is that on 22.2.2010 at 5:30 PM, Pawan Kumar lodged a First Information Report at Reporting Outpost Pherupur, District Haridwar against the applicants and seven other co-accused with the allegations that in the morning of 22.2.2010 at about 7 AM, the applicants along with co-accused caused injuries to Prithvi Singh and when Kishan Singh, Pawan Kumar, Atri Devi, Mange Ram, Monu came for his rescue, the accused persons also caused injuries to the above-named persons. Due to the injuries received in the said incident, Prithvi Singh died. Learned counsel for the applicants submitted that there is a cross version also in which the FIR was got lodged by Smt. Mirta W/o Sukhveer against the accused Prithvi, Kishan, Bishan, Pawan, Sonu, Ashok and Sonu S/o Bishan alleging that they have caused injuries to accused side. He further submitted that these are the cross cases and the injuries are on both the parties i.e. on the side of complainant and accused persons and at this stage it cannot be ascertained that which of the party is the aggressor. It is further submitted that all the co-accused persons have been granted bail by the Sessions Judge, Haridwar and the present applicant is also entitled for bail on the basis of parity. Sri Parikshit Saini, learned counsel for the complainant has submitted that the police has submitted final report in respect of the FIR lodged by the accused side. In this regard, Sri K.S. Verma, learned counsel for the applicants has submitted that till date the applicants has not received any notices from the court concerned with regard to submission of the final report and the investigation is still going on. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of both the FIRs; injury reports 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 applicants deserve bail at this stage. Let the applicants Basant Kumar and Jaibeer be released on bail on executing a personal bond by each one of them and on furnishing two sureties each in the like amount to the satisfaction of CJM, Haridwar. The bail application is allowed accordingly. (Dharam Veer, J.) 7.9.2010 RG