IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 23rd day of March, 2010 Ist Bail Application No. 345 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Suleman & Another .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 214/2009, U/s 323, 307, 504, 506, 452 IPC, PS Pathri, District Haridwar. _______________________________________________________________ March 23, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Sajjad Ahmed, Advocate for the applicants, Mr. Amit Bhatt, Addl. GA for the State and Mr. Kishore Kumar, Advocate for the complainant. Learned Counsel for the accused applicants submitted that as per the averments made in the FIR, the accused applicants Suleman & Saeed along with co-accused Sattar abused Wazid and the co-accused Sattar caused injuries to Wazid by firearm, whereas the role assigned to the accused applicants in the FIR is that they caused injuries to Wazid with fists and kicks, but no injury of fists and kicks is mentioned in the injury report. He further submitted that in these circumstances the presence of the accused applicants at the place of occurrence is doubtful. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR 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 applicants Suleman and Saeed be released on bail on executing a personal bond and furnishing of two sureties, each in the like amount, by each of them to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 23.3.2010 PRABODH 2