1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of November, 2011 First Bail Application No. 947 of 2011 Criminal Side 1. Khemkaran S/o Munna Lal 2. Dayashanker S/o Thakur Singh Both R/o Village Khunsara P.S. Sitarganj District Udham Singh Nagar ….Applicants (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No. 89 of 2011 Under Sections: 302, 307, 506, 504 and 34 of I.P.C. Police Station: Sitarganj District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. Deepak Sharma, Advocate, present for the applicants. Mr. B.S. Parihar, Brief Holder, present for the State. Heard. 2 Applicants– Khemkaran and Dayashanker, who are in jail in connection with Crime No. 89 of 2011, relating to offences punishable under section 302, 307, 504, 506 read with section 34 of I.P.C., Police Station Sitarganj, District Udham Singh Nagar, have sought their release on bail. Learned counsel for the applicants pointed out that the role of firing shot is assigned to co accused Thakur Singh. Only role of exhortation has been assigned to the present applicants. Learned counsel for the applicants further submitted that there are cross versions of the incident, and a cross F.I.R. is lodged against informant Mahendra Pal Singh from the side of the applicants relating to offence punishable under section 307 I.P.C., as Thakur Singh (father of applicant no.2) also received gun shot injuries. Lastly, it is submitted that applicants have no criminal history. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicants deserve bail. Let the applicants- Khemkaran and Dayashanker, be released on bail on executing personal bond by each one of them, and furnishing two sureties, for each one of them, each of the like amount, to the satisfaction of 3 Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Dt.01.11.2011 Nahid