IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 4th day of August, 2011 First Bail Application No. 533 of 2011 Criminal Side Jagdish Chhabra @ Jagga S/o Shri Beer Singh R/o Ward no. 4, Gadarpur P.S. Gadarpur, District Udham Singh Nagar ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of FIR No. 51 of 2011 Under Section: 302/34 IPC Police Station Gadarpur District Udham Singh Nagar ___________________________________________________________________ Hon’ble Prafulla C. Pant, J Shri Lalit Sharma, Advocate, present for the applicant. Shri Nandan Arya, A.G.A., present for the State. Shri Harshpal Sekhon, Advocate, present for the complainant. Applicant- Jagdish Chhabra @ Jagga, who is in jail in connection with FIR no. 51 of 2011, relating to offence punishable under section 302/34 IPC, Police Station Gadarpur, District Udham Singh Nagar, has sought his release on bail. -2- Heard learned counsel for the parties. Learned counsel for the applicant submitted that three persons are said to have fired shots. No specific role is assigned to the applicant Jagdish Chhabra @ Jagga. It is also pointed out that there are cross FIRs of the incident lodged by both the sides. On the other hand, learned counsel for the complainant, and learned counsel for the State opposed the bail application, and stated that innocent person Irshad Husain @ Kalua suffered gun shot injury and died. Learned counsel for the applicant contended that there are gun shot injuries suffered by three persons namely Anil Chhabra, Ashok Chhabra and Jagdish Chhabra, on the side of the applicant also. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Jagdish Chhabra @ Jagga be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Parul 04.08.2011