IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 3rd day of January, 2008 Criminal Bail Application No. 1435 of 2007 Order on the Bail application of accused. CRIMINAL SIDE 1. Matlub S/o Rasid 2. Yousuf S/o Rasid 3. Samshad S/o Rasid All R/o Vill.Chandpur P.S. Pathri, Distt. Hardwar ….Applicants (In Jail) Versus State of Uttarakhand ……….Opposite Party _______________________________________________________________________________________________________________________________________________________________________________________________________________________________ Arising out of Case Crime No.131 of 2007 U/Ss 304/308/323 I.P.C. P.S. Pathri, Distt. Hardwar Hon’ble Dharam Veer, J. Heard Sri Manish Arora, learned counsel for the applicant and Sri Harish Pujari, learned Addl. G.A. for the State as well as Sri Parikshit Saini, learned counsel for the complainant. In brief the prosecution case is that on 13.9.2007 at 6:00 P.M., Village Chandpur, P.S. Pathri, Distt. Hardwar, the present applicants Matlub, Yousuf, Samshad and co-accused Shamsher have caused injuries to Smt. Wahidan, Rizwan, Sarajul with Lathis and Sariyas. With the same averments, the FIR was lodged on 13.9.2007 at 21:20 hours at P.S. Pathri, Distt. Hardwar by Gaffar Ali. Learned counsel for the applicants submitted that the I.O. recorded the statements of Gaffar, Rizwan and Sarajul u/s 161 Cr.P.C. which have been annexed as Annexure 4 to the bail application. He further submitted that complainant Gaffar has stated in his statement that accused Shamsher caused injuries to his mother Wahidan with Sariya and the present applicants had caused injuries to Rizwan and Surajul with Lathis. He further submitted that injured Rizwan and Sarajul have also given the same statements u/s 161 Cr.P.C. He further submitted that the medical officer, who has examined the injured Rizwan and Sarajul, has given the opinion that the injuries on the person of Rizwan and Sarajul are simple in nature. He further submitted that the present applicants have not caused any injury to Wahidan as stated by the injured Rizwan and Sarajul and also by the complainant Gaffar in their statements recorded u/s 161 Cr.P.C. He further submitted that the role assigned to the present applicants is only for causing injuries by Lathis to Rizwan and Sarajul and the injuries on their person are also simple in nature. He further submitted that the applicants are in jail since 25.9.2007 and the trial has yet not been started. After considering all the fact and circumstances, without expressing any opinion about the final merit of the case, this Court is of the view that the present applicant deserves bail at this stage. Let applicants Matlub, Yousuf and Samshad be released on bail on each of them executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Hardwar. The bail application is disposed of accordingly. (Dharam Veer, J.) January 3, 2008 Rajeev Dang