IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 2nd day of December, 2009 Ist Bail Application No.1034 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Satyaveer Singh .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 16 of 2008, S.T. No. 332/2008, U/s 147, 148, 302, 307, 504 IPC P.S. GRP Laksar, District Haridwar. _______________________________________________________________ December 2, 2009 HON’BLE DHARAM VEER, J. Smt. Pushpa Joshi, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for accused applicant submitted that alleged incident happened on 12.5.2008 in the train on the issue as to who would sit on the seats and as per the averments made in the FIR, one Mr. Amit received injuries in the said incident and died. She further argued that the averments made in the FIR and the investigation reveal that incident was the result of sudden provcation and it was not intentional, pre-determined and there was no motive to cause any injury to the deceased by the accused applicant. She also submitted that the accused applicant had gone to Dehradun in connection with the recruitment process of Tripura Rifles, Agartala which was held on 10.5.2008 and as his candidature was rejected by the competent authority, therefore, he was coming back to his house and whatever happened on the date of incident was the result of sudden provocation. She further submitted that accused applicant has been shown to be arrested on the spot, but the knife alleged to have been used by him in the commission of crime could not be recovered from him. She also submitted that the applicant is a young student and there is no criminal history against him. She lastly submitted that the accused applicant is in jail since 12.5.2008 and trial is yet to begin. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR and other papers available on record; considering 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 Satyaveer Singh be released on bail on his executing a personal bond and furnishing of two sureties each in like amount to the satisfaction of CJM, Haridwar. Bail application is allowed accordingly. (Dharam Veer, J.) 02.12.2009 PRABODH 2