IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 28th day of April, 2010 Ist Bail Application No.470 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Khalil …..Applicant (In jail) Versus State of Uttarakhand ….. Opposite Party Arising out of Case Crime No. 42/2010, U/s 307 IPC, PS Laksar, District Haridwar. April 28, 2010 HON’BLE DHARAM VEER, J. Heard Mr. SK Shandilya, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that in the FIR, it has been shown that applicant accused along with other co-accused Abdulla, Farooq and Arif caused injuries to Rijwan on 16.3.2010 at 7 am. Learned Addl. GA for the State submitted that the statement of the injured Rijwan under Section 161 CrPC has been recorded during the course of investigation, who has stated in the said statement that co- accused Farooq caused him the injury by a tamancha and applicant Khalil was armed with Tabal, a sharp edged weapon and other co-accused Abdulla was armed with gun. Learned Counsel for the applicant further argued that in the medical report of Rijwan, there is no injury of Tabal. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, medical report, statement of injured Rijwan U/s 161 CrPC and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Khalil be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) PRABODH