IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION CRIMINAL SECOND BAIL APPLICATION NO.261 OF 2008 Order on the Bail application of accused. CRIMINAL SIDE 1. Smt. Babita W/o Deepak R/o Ongal Bhatta, Clemantown, Dehradun 2. Mangal S/o Daya Ram, R/o Ongal Bhatta, Clemantown, Dehradun ……….Applicants (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.67 of 2007 U/Ss 302 IPC, P.S. Claimantown, District Dehradun Dated: July 29, 2008 Hon’ble Dharam Veer, J. This is second bail application moved by the applicants. The first bail application was dismissed for want of prosecution on 22.2.2008 and that was not decided on merits. Heard Sri K.S. Verma, counsel for the applicant and Sri Harish Pujari, learned Addl. G.A. for the State. In brief the prosecution case is that applicants/ accused have caused injuries to Deepak with fists and kicks and due to this injuries, Deepak had died. With the same averments, the FIR was lodged on 19.10.2007 at 10:30 A.M. by Pawan Kumar, brother of deceased Deepak at P.S. Claimantown, Distt. Dehradun. Learned counsel for the applicants argued that as per the averments made in the FIR, whatever the incident took place, that took place due to sudden provocation. He further submitted that in the investigation, no specific role has been assigned to the applicants in commission of crime. He further submitted that there is also contradiction in the oral evidence and medical evidence. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage. Let applicants Smt. Babita & Mangal be released on bail on their executing personal bonds and furnishing two sureties each in the like amount to the satisfaction of CJM, Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 29.07.2008 Rajeev Dang