IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 17th day of May 2005 Criminal Misc. Bail Application No. 401/2005 Order on the bail application of accused CRIMINAL SIDE Rajiv Sukhija S/o Shri Shyam Lal Sukhija R/o Ward No. 7, Gadarpur P.S. Gadarpur District Udham Singh Nagar ........Applicant Versus State of Uttaranchal ..........Opposite Party Arising out of case crime No. 508/2005 U/s 307 I.P.C. P.S. Gadarpur District Udham Singh Nagar ________________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Sri Dharam Veer learned senior counsel for the applicant assisted by Sri Mohd. Azim learned Advocate, Sri Lalit Sharma learned counsel for the complainant and learned A.G.A. for the State. Perused the record. As per the prosecution version, on 27.3.2005 the report was lodged by one-Prithpal alleging therein that the applicant has fired shot in which Surender Pal Singh sustained certain injuries. Thereafter, a cross-report of the same incident was lodged by Sanjeev Kumar on 29.3.2005. There is a cross –report and both the parties have sustained the injuries at the time of the incident. It has to be decided who is the aggressor in these cases. Keeping in view of this, it is a fit case for bail. Let the applicant-accused be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the C.J.M. concerned. (J.C.S. Rawat, J.) Dated: 17.5.2005 LSR