IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 27th day of August, 2011 1st Bail Application No. 628 of 2011 Order on the Bail Application: CRIMINAL SIDE Anil Kumar, S/o Shri Lal Chand, R/o Ward No.4 Gadarpur, Police Station- Gadarpur, Distrct-Udham Singh Nagar. ………Applicant Versus State of Uttarakhand …… Opposite Party Arising out of First Information Report No.51 of 2011, Under Section 302/34 I.P.C., Police Station Gadarpur, District-Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Mr. Lalit Sharma, Advocate, present for the applicant. Mr. S.S.Adhikari, A.G.A., present for the State. Heard. Applicant Anil Kumar, who is in jail in connection with the First Information Report No. 51 of 2011, relating to offence punishable under Section 302/34 I.P.C., Police Station- Gadarpur, District-Udham Singh Nagar has sought his release on bail. Learned counsel for the applicant submitted that there are cross versions of the incident, and cross First Information Reports are lodged by the parties. One person is said to have died on the side of the complainant, but there are three injured persons who suffered gun shot injuries on the side of the applicant. 2 No specific role has been assigned to the applicant. Co-accused Jagdish Chhabra and Ashok Chhabra have already be directed to be released on bail. In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Anil Kumar, be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Criminal Misc. Application No. 3211 of 2011, for taking counter affidavit on record, also stands disposed of). (Prafulla C. Pant, J.) 27.08.2011 JM