HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 15th October, 2008 Bail Application NO. 806 of 2008 Order on the bail application of the accused. Dinesh and others ….. Applicants Verus State of Uttarakhand …. Opposite Party Case Crime No. 283 of 2008 U/s 147, 148, 149, 323, 324, 307, and 504 I.P.C. Police Station Kotawali Mangalur District Haridwar Hon’ble J.C.S. Rawat, J. Heard Mr. Rajendra Singh, Advocate for the applicants; Mr. Nandan Arya, A.G.A. for respondent/State; Mr. B.S. Adhikari, Advocate for the complainant; and perused the record. Learned counsel for the applicants contended that according to the F.I.R. the injuries were wielded by the accused/applicants on the person of Show Singh, Kunwar Pal and Dharmendar Kumar. According to the medical report, Show Singh sustained one injury on the fore arm and later on it was revealed that there was a fracture of elbow joint of the fore arm; Kunwar Pal sustained incised wound and he was advised for the x-ray but no x-ray was conducted; the medical report of Dharmendar Kumar reveals that he did not sustain any injury; according to the F.I.R. the applicants were holding lathies whereas Kunwar Pal sustained the injures by sharp edged weapon. The injury on the person of injured Show Singh is on the fore arm. Dharmendar Kumar has not sustained any injury. Single injury was were sustained by Show Singh and Kunwar Pal, if the intention would have been to kill them, the accused/applicants would have wielded several lathies on their vital parts so as to kill them. Considering the facts and circumstances of the case in totality; contentions of the learned counsel for the parties; and the documents filed by the parties, I find that it is a fit case for bail. Let the accused/applicants be released on bail on each executing a personal bond and two sureties each in the like amount to the satisfaction of J.M. Roorkee. (J.C.S. Rawat, J.) Dated 15.10.2008 Shiv