1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 19th day of October, 2011 First Bail Application No. 664 of 2011 Criminal Side Gajraj S/o Tulsi R/o Village Mohannagar Purani Basti, Maldhanchaurh P.S.Ramnagar District Nainital …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime. No.96 of 2011 Under Sections: 304 and 323 of I.P.C. Police Station: Ramnagar District: Nainital Hon’ble Prafulla C. Pant, J. Smt. Pushpa Joshi, Senior Advocate assisted by Shri Amit Kapri, Advocate, present for the applicant. Shri T.C.Aggarwal Additional G.A., present for the State. Shri Kishore Kumar, Advocate, present for the complainant. 2 Heard. Applicant– Gajraj, who is in jail in connection with Crime No. 96 of 2011, relating to offences punishable under section 304 and 323 of I.P.C., police station Ramnagar, District Nainital, has sought his release on bail. A counter affidavit has been filed today by the complainant. Same be taken on record. Learned counsel for the applicant submitted that role assigned to the applicant is that he assaulted with sickle on the head of the deceased (Sher Singh). Attention of this court is drawn to the copy of post mortem examination report which discloses that the deceased died of shock and haemorrhage due to ante mortem injury (spleen raptured). It is contended on behalf of the applicant that there is no incised wound found on the body of the deceased. Co accused Tulsi is said to have already been directed to be released on bail. In the above circumstances, without 3 expressing any opinion as to final merits of the case, this court is of the view, that applicant deserves bail. The Bail Application is allowed. Let the applicant- Gajraj, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Nainital. (Urgency Application No. 3909 of 2011 stands disposed of). (Prafulla C. Pant, J.) Dt.19.10.2011 Nahid