IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION 1st Bail Application No. 993 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Ishwar Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________Ari Arising out of FIR No. 346/2010 U/s 302, 307, 504, 506, 34 IPC and 25/30 Arms Act, PS Kashipur, District Udham Singh Nagar. ___________________________________________________________________ November 18, 2010 Hon’ble Tarun Agarwala, J. Heard Shri AS Gill, the learned Counsel for the applicant, Shri Gopal K. Verma, the learned Counsel for the complainant and Mr. Amit Bhatt, the learned Addl. GA for the State. The learned Counsel for the applicant contended that there is cross-version of the incident and two cross-cases have been lodged against the same incident. According to the prosecution case, four persons, viz., Ishwar Singh (the applicant), Surjeet Singh, Kuldeep Singh and Malkeet Singh have caused injuries to the complainant Balbeer Singh and his nephew Jasveer Singh @ Lari with the firearms on 13.7.2010 at 9.05 am and that Jasveer Singh @ Lari died on account of the injuries incurred through firing. It is alleged that at this stage it is not known as to who shot which caused the fatal injury to the deceased Jasveer Singh @ Lari and at this moment it cannot be ascertained as to which party was the aggressor. Consequently, after hearing the learned Counsel for the parties and after perusing the contents of both the FIRs, injury reports, post mortem report of the deceased Jasveer Singh @ Lari and other papers available on record; the Court is of the view that a prima facie case of bail is made out. Consequently, the bail application is allowed. Let the applicant Ishwar Singh be enlarged on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Udham Singh Nagar. (Tarun Agarwala, J.) 18.11.2010 PRABODH