IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 22nd days of March, 2005 Bail Application no. 242 of 2005 Order on the bail Application of accused CRIMINAL SIDE Rajkumar S/o Harmal R/o Burpur, Nurpur, Police Station –Jhabrera District-Haridwar .........Applicant Versus State of Uttaranchal ..........Opposite Party ---------------------------------------------------------------------------------------------- Arising out of case crime No. 52 of 2004 U/Ss 147, 148, 149, 302, 506 I.P.C. Police Station- Jhabrera Distort-Haridwar ---------------------------------------------------------------------------------------------- Hon’ble B.C. Kandpal, J. The applicant has applied for bail in case crime No. 52 of 2004 U/Ss 147, 148, 149, 302, 506 I.P.C. Police Station –Jhabrera, District- Haridwar. Heard Sri Brij Bhusan Sharma, learned counsel for the applicant, learned Addl. G.A. and perused the record. According to the prosecution version, there are six accused persons in this case. Eye-witnesses, namely Rajpal and Tejpal have sated in their statement under section 161 Cr. P.C. that Chamman Had ‘Palkati’ in his hand and rest of the accused had stones and ‘lathies’ on their hands. Perusal of the medical report that there are five injuries on the person of the deceased. Out of which, two injuries may be caused by the ‘Palkati’. The F.I.R itself reveals that the son of the deceased was present at the time of the incident, but he did not come forward to save his father and he also remained at the spot till morning due to fear. The learned counsel for the applicants has contended that the conduct of the son of the deceased is unnatural. Having considered aforesaid circumstances, I think it is just and proper to release the applicant on bail at this stage. Let the application Rajkumar be released on bail on his executing a personal bona and furnishing two sureties each in the like amount to the satisfaction of A.C.J.M. concerned. (B.C. Kandpal, J.) March 22, 2005 Shiv