IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORGINAL JURISDICTION Dated: Nainital : the 11th day of January, 2008 Criminal Bail Application No. 42 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Ashok S/o Dalel, R/o Village Kamal Pur, Sainibas (Bichpadi) P.S. Bahadrabad, Distt. Haridwar. …Applicant (In Jail) Versus State of Uttarakhand … Opposite Party. ______________________________________________________________ Arising out of Case Crime No. 123/2007 Under Sections 147/148/149/& 304 IPC, P.S. Bahadrabad, District Hardwar. Hon'ble Dharam Veer, J. Heard Sri Sanjiv Singh, learned counsel for the applicant and Sri M.A. Khan, learned brief holder for the State. In brief the prosecution case is that Dalail, Ashok (present applicant), Rameshwar, Govind, Rajbeer and Sonu have caused the injuries to deceased Jaspal with latis and dandas and due to the injuries caused by the applicant along with other co-accused persons, Jagpal had died. With the same averments, the FIR was lodged by Vinod, son of deceased Jagpal on 8.9.2007 at 7:30 A.M. in Police Station Bahadarabad, District Haridwar. The said incident was said to be taken place on 7.09.2007 at 08:00 P.M Learned counsel for the applicant has submitted that as per the averments made in the FIR, no intention and motive has been shown against the present applicant. He has further submitted that whatever the incident was happened, that was happened due to the sudden provocation. He has further submitted that the co-accused Rameshwar has been released on bail by the order of Sessions Judge, Haridwar on 22.11.2007 and co- accused by Dalail has been released on bail by the order of Incharge Sessions Judge, Haridwar on 29.10.2007 and co-accused Govind has been released on bail by the order of Sessions Judge, Haridwar on 22.11.2007 and co- accused Rajbeer has also been released on bail by this court on 10.1.2008 and on the basis of parity, the present applicant is also entitled for bail. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, the court is of the view that the present applicant deserves bail at this stage. Let applicant Ashok be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) January 11, 2008 Rajeev Dang