IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No. 621 of 2010 Order on the Bail application of accused CRIMINAL SIDE Ram Sahai S/o Chhatrapal Kewat, R/o Village Gokulnagar, Damuadhunga, P.S. Kathgodam, District Nainital ……Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: July 02, 2010 Arising out of FIR No.30/2010 U/s 323, 504 and 304 of IPC, P.S. Kathgodam, District Nainital Hon’ble Dharam Veer, J. Heard Mr. Lalit Sharma, Advocate for the applicant and Mr. Amit Bhatt, Additional Government Advocate for the State. Learned counsel for the applicant argued that whatever incident had happened that was happened due to sudden provocation and there was no intention or motive of the applicant-accused to commit the said crime. It is pleaded that the applicant is 60 years of age and is ailing with serious diseases and he is in jail from last two months. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the FIR 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 applicant deserves bail at this stage. Let the applicant Ram Sahai 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, Nainital. The bail application is allowed accordingly. (Dharam Veer, J.) 02.07.2010 RG