IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.483 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Ramesh Chand Arya s/o Anand Ram R/o Village Chenpuri, P.S. Ramnagar, District Nainital ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: May 10, 2010 ____________________________________________________________________ Arising out of FIR No.57 of 2010 Under Section 307 IPC P.S. Ramnagar, District Nainital ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. Akhil Kumar Sah, learned counsel for the applicant and Mr. Amit Bhatt, learned Additional Government Advocate for the State as well as Mr. Deepak Bisht, learned counsel for the complainant and also perused the record. In brief, the prosecution story is that on 21.3.2010 at about 5:30 PM, the complainant Anup Singh was standing on the Pulia, meanwhile, the applicant/accused armed with axe, Anand Ram armed with Lathi, Bhawna Devi and Heera Devi, both armed with sickle came there in order to kill Anup Singh. When Anup Singh tried to run away, the aforesaid accused persons surrounded him, and with intention to kill him, applicant/accused gave a blow of axe on his head and others also caused injuries to him by their respective weapons. To save his head, he put his both hands on his head as a result of which he received injuries on his hands caused by the applicant/accused with axe. With the same averments, complainant Anup Singh lodged the First Information Report on 21.3.2010 at 07:30 PM at P.S. Ramnagar, Nainital. Learned counsel for the applicant/accused argued that the injuries sustained by the complainant Anup Singh are simple in nature. Contrary to this, learned Additional Government Advocate strongly opposed the bail application of the accused and stated that specific role has been assigned to the applicant/accused in the FIR. Further, as per the supplementary report of the injured, the injuries sustained by him are grievous in nature. Thus, the contents of the FIR get full corroboration from the medical evidence. Having considered the submissions of learned counsel for the parties and on perusal of the contents of FIR as well as on perusal of supplementary report of injured produced by Addl. GA and keeping in view the fact that the injuries are caused by the applicant-accused by means of axe, a sharp-edged weapon, with intention to kill Anup Singh, and the fact that two incised wounds are found on the person of injured and the injuries are grievous in nature, it is not a fit case where the applicant should be released on bail. The bail application is rejected accordingly. (Dharam Veer, J.) 10.05.2010 RG