IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 24th day of September, 2009 Bail Application No. 818 of 2009 Criminal Side 1. Pankaj Singh, S/o Raja Ram R/o Upper Matthanpur, Police Station Nehru Colony, District Dehradun. 2. Avinas Pandey @ Goldi, S/o Late Parash Nath Pandey, R/o 130 Bank Colony, Ajapur Kala, Police Station Nehru Colony, Dehradun. …….Applicants. Versus State of Uttarakhand .…..Opposite Party. Arising out of Case Crime No. 100 of 2009, Under Sections: 147/307 I.P.C., P.S.: Raipur, District: Dehradun. Hon’ble Prafulla C. Pant, J. Heard Mr. Ramji Srivastava, learned counsel for the applicants, and Mr. M.A. Khan, learned Brief Holder for the State. Applicants – Pankaj Singh & Avinas Pandey @ Goldi, who are in jail in connection with Case Crime No. 100 of 2009, relating to offences punishable under Sections 147 / 307 I.P.C., Police Station Raipur, District Dehradun, have sought their release on bail. Learned counsel for the applicants drew attention of this Court to the medical report, copy of which is Annexure-2 to the affidavit filed with the bail application, which shows that there are two incised wounds and one contusion. Learned counsel for the applicants argued that incised wounds cannot be caused by the Butt of the revolver said to have been used in the crime. Learned counsel for the applicants also pointed out that after completion of investigation charge sheet has been filed against the applicants, but only in respect of offences punishable under Sections 147, 323 & 506 I.P.C. Copy of the charge sheet is filed as Annexure-8 to the affidavit filed with the bail application. In the charge sheet, it is specifically mentioned by the Investigating Officer that no offence punishable under Section 307 I.P.C. is made out. Having considered the submissions of learned counsel for the parties, without expressing any opinion as to the final merits of this case, this Court is of the view that the applicants deserve bail. Let the applicants – Pankaj Singh & Avinas Pandey @ Goldi be released on bail on executing a personal bond by each one of them and furnishing two sureties for each one of them, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Dehradun, provided they are not required to be detained in any other case. (Prafulla C. Pant, J.) Dt.24.09.2009 NS