IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.1115 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sanjay S/o Dile Ram ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.142/09 U/S 302 IPC, P.S. Bhagwanpur, District Haridwar Dated: December 1, 2009 Hon’ble Dharam Veer, J. Heard Mr. K.s. Verma, Adv. for the applicant and Mr. M.A. Khan, learned Brief Holder for the State as well as Ms. Neetu Singh, learned counsel for the complainant. Counter affidavit filed on behalf of the complainant today in the Court be taken on record. Learned counsel for the applicant submitted that in the investigation, the main role has been assigned to the co-accused Rajesh who has been released on bail by this Court on 25.9.2009. Learned brief holder as well as learned counsel for the complainant have also argued that the main role has been assigned to the co-accused Rajesh and in the investigation, the I.O. has collected the evidence that the injury was caused to the deceased by Rajesh and the applicant was charged with the help of Section 34 IPC. Per contra, learned counsel for the applicant argued that as the main accused Rajesh has been released on bail and the present applicant, who is on the better footing than that of co- accused Rajesh, deserves bail on the ground of parity. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and the counter affidavits filed by on behalf of the State and for the complainant, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Sanjay be released on bail on his executing a personal bond and on furnishing two sureties each of the like amount to the satisfaction of CJM, Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 01.12.2009 Rajeev Dang