IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 28th day of January 2009 Ist Bail Application No.60 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Suraj Chamoli S/o Sri Harish Prakash Chamoli R/o Mahimanand Kuriyal Bhawan P.S. Kotwali, Uttarkashi ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: January 28, 2009 ____________________________________________________________________ Arising out of Case Crime No.99/2008 Under Sections 307, 34, 323 & 504 IPC P.S. Rajpur, District-Dehradun ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Sandeep Tandon, learned counsel for the applicant and Sri S.S. Adhikari, learned A.G.A. for the State. In brief, the prosecution case is that on 12.12.2008 at about 3 P:M the present applicant Suraj Chamoli with another co-accused Rahul Rawat, in the state of intoxication, caught hold the hands of the victim Nirmal and the another co-accused Vikesh Negi, who was also in the state of intoxication, caused the injuries to Nirmal with knife. With the same averments, the F.I.R. was lodged by Sri Pritam Singh at Police Station Rajpur on 12.12.2008 at 4:30 P:M. Learned counsel for the applicant argued that the role assigned to applicant Suraj Chamoli was only of catching hold of the hands of the victim and above-said incident took place in the state of intoxication without any intention to kill the injured Nirmal. He further submitted that the applicant is in jail since 13.12.2008 and the applicant has got no criminal history before this case. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Suraj Chamoli be released on bail on executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Dehradun. (Dharam Veer, J.) Vacation Judge 28.01.2009 RG