IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 02nd day of January, 2008 Criminal Bail Application No.1486 of 2007 Order on the Bail application of accused. CRIMINAL SIDE 1. Pradeep Kumar. 2. Surdeep Kumar Both sons Sri Yashwant Singh R/o Village Pancharad Patti Sawali-I, District Pauri Garhwal. ….Applicant(In Jail) Versus State of Uttarakhand …….Opposite Party Arising out of Case Crime No.Nil of 2007 Under Sections 323/504/392 IPC, Patti Sawali-I, District Pauri Garhwal. Hon’ble Dharam Veer, J. Heard Sri U.P.S. Negi, learned counsel for the applicants and Sri Harish Pujari, learned Additional Government Advocate for the State. In brief, the prosecution case is that on 22.11.2007 the present applicants have caused the injuries to the complainant Atendra Singh with kicks, fists and dandas and also robbed Rs.67,000/- from his bag. With the same averments, the FIR was lodged by the complainant Atendra Singh on 24.11.2007 at 05:00 P.M. in Patwari Circle Sawali 6, District Pauri Garhwal. Learned counsel for the applicants has submitted that the applicants were arrested by the Investigating Officer (Patwari) on 25.11.2007 and at the time of the recovery no above said looted amount was said to be recovered from the possession of the applicants. He has further submitted that the FIR of the case has been lodged after two days of the said incident and there is no explanation of delay in lodging the FIR. He has further submitted that the injuries on the body of Atendra Singh are simple in nature. He has further submitted that the applicants are in jail since 25.11.2007 and the trail of the case has not yet been started. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, the court is of the view that the present applicants deserve bail at this stage. Let applicants Pradeep Kumar and Surdeep Kumar be released on bail, on each of them executing personal bonds and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Pauri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) January 02, 2008 ARTI