IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal IInd Bail Application No.112 of 2009 Order on the Bail application of accused CRIMINAL SIDE Akhilesh @ Dablu ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.1149 of 2007, U/s 452/307/504/506 IPC, P.S. Kichha, Distt. U.S. Nagar Dated: December 14, 2009 Hon’ble Dharam Veer, J. This is the second bail application moved by the application. The first one was dismissed as not pressed on 8.10.2007 and that was not decided on merits. Heard Sri Pratiroop Pandey, Advocate for the applicant and Sri M.A. Khan, Brief Holder for the State. In brief the prosecution case is that on 8.5.2007 at about 5:00 PM, the applicant-accused had caused injuries to Dinesh Singh and Anand Narain with Kanta (a sharp edged weapon) on the basis of which the FIR was lodged by Sugriv Singh, father of injured on 9.5.2007 at 6:45 PM at P.S. Kichha, Distt. U.S. Nagar. Learned counsel for the applicant argued that before the trial court, the prosecution has examined Dr. Udai Shankar, who medically examined the injured on 8.5.2007, has stated that the injuries on the persons of injured are simple in nature. The statement of the medical officer has been annexed as Annexure 3 to the present bail application. It was further submitted that the applicant is in jail for the last about two years and he is suffering from a serious disease namely Non-Organic Psychotic Disorder. For the medical treatment, the applicant was first referred to Dr. Sushila Tewari Forest Hospital, Haldwani where he remained admitted for sometime and from there he was referred to Mental Hospital, Banaras. Learned Sessions Judge, U.S. Nagar also accorded the permission for sending the applicant to Banaras for his medical treatment. He further submitted that looking to the serious condition of the applicant, it is not possible to provide the medical treatment in the judicial custody. Further, the applicant is in jail for the last two years and the trial has yet not been completed. After considering all the facts and circumstances, upon hearing learned counsel for the parties; perusing the contents of the FIR and other material on record; on perusal of the statement of Dr. Udai Shankar that the injuries on the persons of injured were simple in nature and particularly considering the disease of the applicant which he is suffering i.e. Non-Organic Psychotic Disorder, without expressing any opinion about the final merits of the case, I am of the view that the present applicant deserves bail at this stage. Let the applicant-Akhilesh @ Dablu be released on bail on his executing personal bond and on furnishing two sureties each of the like amount to the satisfaction of CJM, U.S. Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 14.12.2009 Rajeev Dang