IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 1st day of June, 2010 Ist Bail Application No. 538 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Ashwani @ Moni .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 473/2009, U/s 307, 325, 504 & 506 IPC, PS Kotwali Manglaur, District Haridwar. June 01, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Manish Arora, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that whatever incident has happened, that happened on sudden provocation and it was not premeditated or preplanned and no motive or intention whatsoever could be established. He further submitted that there is a cross-version of the incident as an FIR relating to the same occurrence has also been lodged by Amar Singh and at this stage it cannot be ascertained as to which party was aggressor. He further submitted that co- accused Vikas Kumar has been granted bail by this Court vide order dated 17.3.2010 and the present applicant is also entitled for bail on the basis of parity. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, cross FIR lodged by Amar Singh and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Ashwani @ Moni be released on bail on his executing a personal bond and furnishing of 2 two sureties, each in the like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 1.6.2010 PRABODH