IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 24th November, 2008 Order on the bail application of accused Criminal First Bail Application No.474 of 2008 CRIMINAL SIDE Ramesh Karmkar, S/o Matindra Karmkar, R/o Ward No. 3, Sanjay Nagar, Khera, Rudrapur, P.S. Rudrapur, District Udham Singh Nagar. ….Applicant Versus State of Uttarakhand ….Opposite Party Arising out of Case Crime No.5545/2007 Under Sections: 308 IPC. P.S. Rudrapur, District Udham Singh Nagar. ________________________________________________________ Hon’ble J.C. S. Rawat, J. Heard Mr. R.S. Sammal, Advocate for the applicant, Mr. Amit Bhatt, Addl. G.A for the respondent-State & also perused the record. After due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R; the averments made in the F.I.R. about the incident; the fact that the two witnesses namely, Smt. Bharti Sikdar & Smt. Bhanu Rai have simply stated that the injury was caused by the Hammar; the fact that there is no iota of evidence in the statements of these two ladies that any pointed weapon was inserted into the head of the injured and thereafter salt was sprinkled on the injury; the medial report shows that there is a lacerated wound; the fact that here is no fracture on any part of the body; the supplementary medical report shows that the injured was released from the hospital on the next day of the incident; the fact that the accused applicant is in jail since 17.10.2007; and in the facts & circumstances of the case, I deem it proper to release the accused applicant on bail. Let the accused-applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 24.11.2008 V.K