IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 15th day of February 2008 Criminal Bail application No. 135 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Dhan Kumar S/o Sri Ram Prasad R/o Indra Colony Galli, No.4 Rudrapur, P.S. Rudrapur, District Udham Singh Nagar. ----Applicant/ (In Jail) Versus State of Uttaranchal ---- Opposite party Arising out of Case Crime No. 5023 of 2007 U/Ss. 302/323/504 I.P.C. P.S. Rudrapur, District Udham Singh Nagar Hon’ble Dharam Veer, J. Heard Sri K.S. Bora, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that on 22.08.2007 at 8:00 P.M. at Indira Colony, Lane No.4, Bengali Colony, Rudrapur the present applicant being armed with lathi and co-accused Raja Ram being armed with lathis and co-accused Chandra Devi being armed with Patal have caused the injuries to Kuvinder Singh and Nirmal Singh and due to these injuries Kulvinder Singh had died. With the same averments, the FIR was lodged by Balvinder Singh on 25.08.2007 at 23:25 hours at P.S. Rudrapur, Distt. U.S. Nagar. Learned counsel for the applicant has submitted that in post-mortem report there is one injury shown on the head of the decease Kulvinder Singh and doctor has also given opinion that death was due to coma as a result of ante-mortem head injury. He has further submitted that at this stage, it could not be said that who caused this injury. He has further submitted that from the averments made in the FIR, it is clear that whatever the incident was happened that was happened due to sudden provocation and applicant has not planned to cause the injury to Kulvinder Singh and the applicant and co-accused persons have not caused the injury to Kulvinder Singh with the common intention. He has further submitted that the FIR is lodged after three days and delay of lodging the FIR is not explained, which creates a doubt in the prosecution story. He has further submitted that the co-accused Smt. Chandra Devi has been released on bail by this Court on 26.10.2007 and on the basis of parity the present applicant is also entitled for bail. After considering all the facts and circumstances, 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 applicant Dhan Kumar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 15.02.2008 Arti