1 IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No. 579 of 2010 Order on the Bail application of accused CRIMINAL SIDE Jai Singh & another …….Applicants (In Jail) Versus State of Uttarakhand ………..Opposite party _______________________________________________________ Arising out of Case Crime No. 54 of 2010 U/s 147/148/307/323/504IPC, P.S. Kotwali Bhagwanpur, District Haridwar Dated: June 16, 2010 Hon’ble Dharam Veer,J. Heard Ms. Neetu Singh, Adv. For the applicants and Mr. Amit Bhatt, learned Addl. G.A. for the Stat. Learned counsel for the applicants argued that as per the prosecution case, Om Veer, Jai Singh, Sanchit and Karamveer, being armed with Sariya, Palkati and revolver, had caused injuries to Vinod and Anil on 28.2.2010 at about 7 PM. FIR of the said incident was lodged on 7.03.2010 at 9:05 PM at PS Bhagwanpur. She further argued that the cross case was also registered by the applicant no. 2 Karamveer against the accused Anil, Vinod, Ankur and Sonu, in which it was shown that the injuries were caused to Om Veer, Sanchit and Jai Singh on 28.02.2010 at 6:00 PM and the FIR of the same incident was also lodged on 7.3.2010 at 8:30 PM at PS Bhagwanpur and accordingly a case crime No. 53/2010 u/s 307/323/506 IPC and 3(1) of SC/ST Act was registered against the accused Anil, Vinod, Anku and Sonu. She further argued that these are the cross-cases and at this stage, it cannot be said that which of the parties was the aggressor because the injuries are on the both sides and from the applicants’ side, Om Veer has received gunshot injury which is grievous in nature and dangerous to life. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, on perusal of the contents of both the FIRs as well as 2 the injury reports of Vinod, Anil and that of Om Veer, Jai Singh and Sanchit, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage. Let the applicants Jai Singh and Karmveer be released on bail on each of their executing personal bonds and furnishing two sureties each in the like amount to the satisfaction of CJM Haridwar. The bail application is allowed accordingly. (Dharam Veer,J.) 16.06.2010 Rajeev Dang