HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 15th October, 2008 Bail Application No. 854 of 2008 Order on the bail application of the accused. Ajay Kumar ………… Applicant Versus State of Uttarakhand ……. … Opposite Party _____________________________________________________________ Case Crime No. 283 of 2008 U/s 147, 148, 149, 323, 324, 307 and 504 I.P.C. Police Station Kotwali Manglaur District Haridwar Hon’ble J. C. S. Rawat, J. Heard Mr. Rajendra Singh, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for respondent/State; Mr. B.S. Adhikari, Advocate for the complainant; and perused the record. Learned counsel for the applicant contended that a civil case is going on with regard to the agricultural land between both the parties in which Satpal Singh and others have been asked to maintain the status quo by the civil court; the applicant has lodged an F.I.R. as case Crime No. 284 of 2008 u/s 147, 148, 149, 323, 324, 307, 504, and 506 I.P.C. against the complainant party in which the accused party has also sustained the grievous injuries on their persons; the medical report has been filed alongwith the bail petition; and some of the injuries are also on vital part of the accused & are caused by sharp edged object. Learned counsel for the applicant relied upon the judgments of the Hon’ble Apex Court rendered in Bashishth Singh and another Vs. State of Bihar (2002) 10 SCC p/384 and Azhar Sah Vs. State of Bihar and others in Criminal Appeal No. 604 of 2008. It appears that several persons from both the side received injuries and they are responsible for causing the injuries to each other side. Considering the facts and circumstances for the case in totality; contentions of the learned counsel for the parties; and the documents filed by the parties; the fact that there is a cross case in between the parties; and the place of occurrence & time is similar, I find that it is a fit case for bail. Let the accused/applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of J.M. Roorkee. (J.S.C. Rawat, J.) Dated 15.10.2008 Shiv