IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.602 of 2010 Order on the Bail application of accused. CRIMINAL SIDE 1. Namey Ali 2. Zaney Ali 3. Liyakat Ali ...….Applicants (In Jail) Versus State of Uttarakhand …….Opposite party Dated: June 29, 2010 Arising out of F.I.R. No.68 of 2010 under Sections 307, 324 and 506 of IPC P.S. Gadarpur, District Udham Singh Nagar Hon’ble Dharam Veer, J. Heard Mr. Suresh Kumar Mishra, Advocate for the applicants and Mr. Amit Bhatt, Addl. GA for the State. Learned counsel for applicants has submitted that he does not want to press his bail application on behalf of Applicant Nos.2 and 3 and prayed that the same may be dismissed as not pressed. In view of this, the bail application on behalf of Applicant No.2 Zaney Ali and Applicant No.3 Liyakat Ali is dismissed as not pressed. In brief, the prosecution story is that on 27.4.2010 Mohd. Yameen lodged a report at P.S. Gadarpur with the averments that on 25.4.2010 at about 5 PM, present applicant Namey Ali along with other co-accused persons, namely, Zaney Ali, Liyakat Ali and Smt. Sakeena caused injuries to Gulam Mushtafa and Bashir Ahmed. Learned counsel for the applicant argued that before lodging of the present FIR, applicant Namey Ali has lodged a FIR on 25.4.2010 at 08:05 PM against Gama @ Wadi, Alijan, Safeeq and Bachu under Sections 323, 324 and 506 of IPC at P.S. Gadarpur and in that case, Namey Ali (applicant no.1), Smt. Sakin, Nazakat and Smt. Nazreen are the injured. Learned counsel for the applicants further submitted that these are the cross-cases and there are injuries on both sides and at this stage it cannot be ascertained that which of the party was aggressor. Learned counsel for the applicants further submitted that the applicant Namey Ali is an old man of 65 years of age. He is ailing with serious disease and even in jail his condition is very serious and he is vomiting blood. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of both the FIRs and also considering the injuries sustained by the applicants’ side and also on perusal of other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the applicant Namey Ali deserves bail at this stage. Let the applicant Namey Ali be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. The bail application of Namey Ali is allowed. However, the bail application of applicants Zaney Ali and Liyakat Ali is dismissed as not pressed. (Dharam Veer, J.) 29.06.2010 RG