IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.798 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Kishan Kumar Arya S/o Balu Ram Arya, R/o 8 Quarter Rampur Road, Haldwani, District Nainital. --------Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party _______________________________________________ Arising out of case crime No.25 of 2008 U/Ss. 326, 506 I.P.C. P.S.Kathgodam, District- Nainital. Dated: October 3, 2008 Hon’ble Dharam Veer, J. Heard Sri V.S. Pal, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is this that on 22.05.2008 at 9:00 p.m., the accused/applicant alongwith two other assailants, who were standing on the road and on account of some altercations took place there, had attacked on Jagdish Joshi due to which Jagdish Joshi received injuries. With the same averments the FIR was lodged by Mahesh Kumar Joshi (brother of the injured Jagdish Joshi) on 24.05.2008 at 9:10 p.m. at Police Station Kathgodam, District Nainital. Learned counsel for the accused/applicant has submitted that in the supplementary medical report, the injuries are shown to be simple in nature. He has further submitted that in the First Information Report no weapon is shown in the hand of the accused/applicant, to which he inflicted injuries to Jagdish Joshi. It is further submitted that the First Information Report of this incident is lodged after about 48 hrs. of the said incident and the distance of the place of occurrence from the Police Station is 4 kms. Lastly, it is submitted that the accused/applicant is in jail since 30.05.2008; he has got no criminal history before this case and the trial of the case has yet not started. After considering all the fact and circumstances and hearing the learned counsel for the parties, without expressing any opinion about 2 the final merit of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Kishan Kumar Arya be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Magistrate concerned. (Dharam Veer, J.) 03.10.2008 NCM: