IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 12th day of April, 2010 Bail Application No. 351 of 2010 Criminal Side Harkanwal Singh @ Happy S/O Shri Laimbar Singh R/O Village Vijay, Nagliya P.S Bazpur, Distct Udham Singh Nagar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party. First Information Report No. 363 of 2009 Under Sections: 147, 148, 302, I.P.C P.S.: Bazpur, District Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Appilant Harkanwal Singh @ Happy, who is in jail in connection with F.I.R No. 363 of 2009, relating to offences punishable under section 147, 148 and 302 I.P.C, Police Station, Bazpur, District Udham Singh Nagar has sought his release on bail. Heard learned counsel for the parties and perused the counter affidavit. Learned counsel for the applicant submitted that applicant is a handicapped person. In support of said fact copy of certificate issued by the medical board is annexed as Annexure 7 to the affidavit filed with the bail application which shows that applicant is permanently physically handicapped person. Learned counsel for the applicant contended with the disability as shown in the Annexure 7, the 2 applicant could not have caused the injuries on the person of the diseased, resulting in his death. Having considered submissions of learned counsel for the parties, without expressing any opinion as to final merits of this case, this court is of the view that applicant deserves bail. Let applicant Harkanwal Singh @ Happy be released on bail on executing personal bond and furnishing to surety bonds, each of like amount, on with the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. Dt.12.04.2010 N.P (Prafulla C. Pant, J.)