IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital, June 30,2010 First Bail Application No. 376 of 2010 CRIMINAL SIDE Malkeet Singh S/o Shri Jagat Singh, R/o Village Vijay Nagliya, Police Station-Bazpur, District-Udham Singh Nagar, Versus ……Applicant (In Jail) State of Uttarakhand .……..Opposite Party Arising out of Crime/FIR No. 363 of 2009 Under Section 147, 148 and 302 I.P.C., Police Station Bazpur, District Udham Singh Nagar. Dated:-30-06-2010 Hon’ble B.S.Verma, J. Mr. R.S.Sambal, Advocate alongwith Mr. Lalit Sharma and Mr. Sanjay Bhatt, Advocate for the applicant. Mr. B.S.Parihar, Brief Holder for the State. Mr. H.C.Pandey, Advocate and Mr. J.S.Virk, Advocate for the complainant. Applicant- Malkeet Singh, who is in jail in connection with 363 of 2009, relating to offences punishable under section 147, 148, 302 I.P.C., Police Station, Bazpur, District Udham Singh Nagar, has sought his release on bail. record . Heard learned counsel of the parties and perused the Learned counsel for the applicant has submitted that this court has granted bail to Ravindra Singh Saini vide order dated 16.06.2010 having similar role and weapon of same kind i.e. Pathal sharp edged weapon as alleged by the prosecution. It is contended on behalf of the applicant that in First Information Report, it is mentioned that the complainant took the deceased to Haldwani after, the hospital at Bazpur referred him for 2 further treatment but the deceased succumbed to his injuries. In this connection reference has been made to annexure no.2 to the rejoinder affidavit the information was given by Chief Medical Superintendent of Primary Health Center under the Right to Information Act, wherein, it has been mentioned that Harvinder Singh, deceased was brought dead and not referred to any hospital. Inquest report shows that the information regarding the dead body in Bazpur Hospital was given by ward-boy Haneef. It has been further contended that in First Information Report, it is alleged that the applicant was having Kripan, a sharp edged weapon. According to the applicant there is no injury by sharp edged weapon caused to the deceased. In reply thereto the learned counsel appearing on behalf of the complainant has contended that there is an injury No.3 of the sharp edged weapon. According to them it is superficial cut wound and 1 cm x muscle deep over left forehead above injury no.2. This fact was also considered by learned single judge while granting bail to Ravindra Singh Saini. In the similar circumstances the bail was granted to Ravindra Singh Saini, therefore, without expressing any opinion as to the final merits of the case this court is of the opinion that the applicant deserves bail on the ground of parity. Let the applicant Malkeet Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (B.S.Verma, J.) 30-06-2010 JM