IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 10th April, 2009 Criminal Bail Application No.274 of 2009 Order on the bail application of accused CRIMINAL SIDE Bablu, S/o Sadhuram. … Applicant Versus State of Uttarakhand … Opposite Party Arising out of Case Crime No. 401/2008. Under Sections: 302/120B/34 IPC & 3(2)(5) SC & ST Act. P.S. Kotwali Manglaur, District Haridwar. Hon’ble J.C. S. Rawat, J. Heard Mr. Manish Arora, Advocate for the applicant, Mr. Nandan Arya, A.G.A for the State & also perused the record. On due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the F.I.R as well as the documents, counter affidavit, evidence filed by the parties and the statements of Mainpal & Rajkumar (annexures 5 & 7 to the bail application); the role assigned to the present applicant is that he caused injuries upon the deceased by ‘Palkati’ (a sharp edged weapon) and with ‘lathi’ (a kind of thick stick) whereas country made pistol has been used by the co-accused Nitu; the fact that the deceased sustained fire arm injury; the fact that as per the inquest report and the postmortem report, cause of death of the deceased has been shown as haemorrhage & due to antemortem injuries exhorted by fire arm; the fact that the main assailant is the co-accused Nitu and the present applicant has not caused any fire arm injury upon the deceased; the fact that the co- accused Naresh has been released on bail by this Court vide order dated 24.02.2009 passed in BA No. 116/2009; and having regard to the facts & circumstances of the case, it is a fit case for bail. Let the accused/applicant Bablu be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Judicial Magistrate, Roorkee. (J.C.S.Rawat, J.) Dated 10.04.2009 V.K