IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.589 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Karanpal S/o Kanta Prasad R/o Udara Purva, Barahipura, P.S. Shishgarh, Districty Bareilly, U.P. ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: June 29, 2010 Arising out of F.I.R. No.54 of 2010 Under Sections 324, 452, 504, 506, 307 of IPC, P.S. Kichcha, District U.S. Nagar Hon’ble Dharam Veer, J. Heard Mr. S.K. Mandal, Advocate for the applicant and Mr. Amit Bhatt, Additional Government Advocate for the State. As per the prosecution case, in the night of 28/29.3.2010, the present applicant, in drunken state, abused the complainant at the time of marriage ceremony and thereafter on the next viz. 29.3.2010 he along with co- accused Khirendra, Virendra and Kanta Prasad, armed with deadly weapons, came there and caused injuries to Prempal, Pintu and Bhupal. With the same averments, First Information Report was lodged by Jamuna Prasad at Police Station Kichcha on 30.3.2010 at 9:10 AM. Learned counsel for the applicant submitted that there is a cross version also. He submitted that before lodging of the said FIR, brother of the present applicant, namely, Khirendra has also lodged a report at P.S. Devarniya, District Bareilly on 29.3.2010 at 7:10 PM against Jamuna Prasad, Bhup Ram, Tej Pal and Hori Lal with the allegations that above- named persons have caused injuries to Khirendra, Karanpal and Kanta Prasad with knife. This FIR was registered at P.S. Devarniya but as the matter was related to P.S. Kichcha, therefore, it was transferred to P.S. Kiccha and registered as Case Crime No.65 of 2010 under Sections 147/148/149/308/324/323 of IPC. Learned counsel for the applicant further submitted that the applicant has received three incised wounds and all of them are on the vital part of the body. He further submitted that due to above injuries, the applicant remained admitted in the hospital for about one month. He further submitted that these are the cross cases and the injuries are on both the parties i.e. on the side of complainant and accused persons and at this stage it cannot be ascertained that which of the party is the aggressor. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the FIRs; injury reports and other papers available on record, 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 the applicant Karanpal be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. The bail application is allowed accordingly. (Dharam Veer, J.) 29.06.2010 RG