IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of December 2009 Ist Bail Application No.599 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Omkar S/o Sita Ram ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 18, 2009 ____________________________________________________________________ Arising out of Case Crime No.114/2009 Under Section 304 of IPC P.S. Manglaur, District Haridwar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Mohd. Safdar Advocate holding brief of Sri Parikshit Saini and Sri Manish Arora, learned counsel for the applicant as well as Sri M.A. Khan, learned brief holder for the State and also perused the record. Learned counsel for the applicant has submitted that from the contents of the FIR it is clear that the applicant- accused has not caused the injuries to the deceased Narendra with any intention or motive to kill him and whatever the incident has happened that has happened by chance. He further submitted that after the said incident father-in-law and wife of the deceased took the deceased to the hospital for treatment. It is further submitted that at the time of incident the deceased was in the state of intoxication. He further submitted that in the statement recorded u/s 161 Cr.P.C., the witnesses has not supported the prosecution story. It is further submitted that the applicant has got no criminal history; he is in jail since 24.3.2009 and the trial of the case has yet not been started. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the F.I.R. and other papers available in file, without expressing any opinion about the final merits of the case, this Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Omkar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Judicial Magistrate, Roorkee. The bail application is disposed of accordingly. (Dharam Veer, J.) 18.12.2009 RG