IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 12th day of May 2008 Criminal Bail Application No.418 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Dalbir Singh, S/o Shri Joginder Singh R/o Village Budhia Farm, Dabhora Aihtmali, P.S. Kashipur, District Udham Singh Nagar. ….Applicant(In Jail) Versus State of Uttarakhand ------ Opposite party ________________________________________________________ Arising out of Case Crime No.6264 of 2007 U/S.307, 323 & 504 I.P.C. Police Station Kashipur, District Udham Singh Nagar. Hon’ble Dharam Veer, J. Heard Sri Balvinder Singh Thind, learned counsel for the applicant and Sri Harish Pujari, learned Addl. GA for the State. In brief the prosecution case is that on 2.12.2007 at 2:00 P.M. the applicant Dalvir Singh along with co-accused Balbir Singh and Joginder Singh have caused the injuries with lathis and dandas to Darshan Singh. With the same averments, the F.I.R. was lodged by Smt. Salwinder Kaur, wife of Darshan on 4.12.2007 at 04:45 P.M. in Reporting Police Chowki I.T.I. Kashipur, District Udham Singh Nagar. Learned counsel for the applicant has submitted that the cross F.I.R. was also lodged by Smt. Jagir Kaur, wife of Joginder Singh against Pratap Singh, Tarsem, Darshan Singh and Pyara Singh in which it was averted that Darshan Singh, Pratap Singh, Tarsem and Pyara Singh have caused the injuries by lathi, patal and tamanchas to Smt. Jagir Kaur, Dalbir Singh (present applicant) and Darshan Singh. He has further submitted that the police have not lodged the F.I.R. moved by Jagir Kaur, hence she moved an application u/s 156(3) Cr.P.C. before Judicial Magistrate, Kasipur. After the order of Judicial Magistrate, Kashipur, the F.I.R. was lodged on 19.12.2007 at 11:00 A.M. at RoP I.T.I. P.S. Kashipur with Case Crime No.6679/07 u/Ss.307/326/324/506 I.P.C. He has further submitted that there are the cross cases and the injuries are on both sides and at this stage it cannot be ascertained that which of the party was the aggressor. He has further submitted that the injuries on the person of Smt. Jagir Kaur, Dalbir Singh (present applicant) and Darshan Singh are also grievous in nature. He has further submitted that the co-accused Jogindra Singh has been released on bail by this Court on 17.01.2008 and co-accused Balvir Singh has also been released on bail by this Court on 12.02.2008 and the applicant/accused is also entitled for bail on the basis of parity. After considering all the facts and circumstances, 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 applicant Dalbir Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 12.05.2008 Arti