IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 14th day of September, 2009 Bail Application No. 913 of 2009 Order on the Bail Application: CRIMINAL SIDE Mainpal S/o Sri Ram Sharan R/o Village Mulla Nagrajpur P.S. Dehat Kotwali, District Saharanpur. ………… Applicant Versus tate of Uttarakhand ………… Opposite Party S Arising out of Crime No. 02 of 2009 Under Sections: 302, 307 of I.P.C. Police Station: Clementown District: Dehradun. Hon’ble Prafulla C. Pant, J. Mr. Ganesh Kandpal, Advocate present for the applicant. Mr. B.S. Parihar, Brief Holder present for the respondent State. Applicant Mainpal, who is in jail in connection with Crime No. 02 of 2009, relating to offences punishable under Section 302, 307 of the I.P.C., P.S. Clementown, District Dehradun, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that actually on 12th of January 2009, when the present applicant was watching movie with his parents, Dharam Veer (deceased) along with Radhey Shyam and Mukesh came in a drunken state in the house of the applicant, they took out Lekhraj @ Chhotu (injured), brother of the present applicant. And Mukesh in an attempt to stab Lekhraj @ Chhotu in his stomach gave a blow with knife, he was armed. However, the said blow landed on the thigh of Lekhraj @ Chhotu, brother of the present applicant. In Para 10 of the bail application it is further stated that present applicant took out said knife from thigh of his brother and attempted to save himself and his brother from Radhey Shaym, Dharam Veer and Mukesh. As such, the applicant has taken a plea of private defence. Without expressing any opinion as to the final merits of the case, in the above circumstances, this Court is of the view that the applicant deserves bail. Let the applicant Mainpal be released on bail, on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Dehradun. [ (Prafulla.C. Pant, J.) Dt. 14.09.2009 H.Negi