IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 6th day of May, 2010 Ist Bail Application No. 482 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Chandra Mohan .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 02/2010, U/s 302, 201 & 120B IPC, Patwari Circle Devrada, Tehsil Tharali, District Chamoli. May 6, 2010 HON’BLE DHARAM VEER, J. Heard Mr. AS Rawat, Advocate holding brief of Mr. CS Rawat, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that whatever incident was said to have happened, that happened on sudden provocation and no pre-planning or premeditation was shown. He further argued that there is contradiction in the statements of the witnesses recorded by the Investigating Officer under Section 161 CrPC. He further argued that even the main role to causing the injuries on the head of deceased was assigned to co-accused Ranjeet Prasad and only the catching hold role was assigned to the present applicant. He further argued that co-accused Dinesh Chandra, who has also been assigned with the similar role as that of the applicant, has been granted bail by this Court vide order dated 13.4.2010 and the present accused applicant is also entitled for bail on the basis of parity. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, statements recorded under Section 161 CrPC 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 applicant Chandra Mohan be released on bail on his executing a personal bond and furnishing of two 2 sureties, each in the like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 6.5.2010 PRABODH