IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 23rd day of March, 2010 Ist Bail Application No. 147 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Kishore Deopa @ Bablu & Others .….Applicants (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of FIR No. 48 of 2009, U/s 147, 148, 149, 307, 302, 396, 333, 353, 336, 412/34, 436, 427, 332, 120B IPC, Section 7 of Criminal Law Amendment Act and Section 3 of PPDP Act, PS Kaladhungi, District Nainital. _______________________________________________________________ March 23, 2010 HON’BLE DHARAM VEER, J. Mr. Rajendra Kotiyal, Advocate for the applicant. Mr. GS Shandhu, GA for the State. Learned Counsel for the applicants submitted that he does not want to press the bail application of applicant no. 1 Kishore Deopa @ Bablu, applicant no. 4 Kundan Singh Kanyal and applicant no. 5 Khushal Singh Deopa and prayed that bail application of the aforesaid applicants may be dismissed as not pressed. Permission to withdraw the bail application of the aforesaid applicants is granted. Accordingly, the bail application of applicant no. 1 Kishore Deopa @ Bablu, applicant no. 4 Kundan Singh Kanyal and applicant no. 5 Khushal Singh Deopa is dismissed as not pressed. Heard on the bail application of the remaining applicants no. 2, 3 & 6, viz., Tribhuwan Deopa, Kapil Kanyal @ Chhotu and Basanat Singh Karki. Learned Counsel for the accused applicants submitted that the incident in question relates to a mob reaction at Kaladhungi, to the murder of one Balwant Singh Kanyal, Block Pramukh, Kotabagh (within the premises of police station, Kaladhungi). It is pleaded on behalf of the applicants that the applicant no. 2 Tribhuwan Deopa, applicant no. 3 Kapil Kanyal @ Chhotu and applicant no. 6 Basanat Singh Karki are not named in the FIR in which the mob killed a policeman in the police station after the death of Balwant Singh Kanyal. It is further pleaded that in the video CD/photographs produced in the court, the aforesaid applicants are not specifically shown in action. It is further submitted that whatever incident took place was the result of a sudden provocation and without any intention or motive and no specific action has been shown by the prosecution against the aforesaid accused applicants. It is also submitted co-accused Khim Singh has been granted bail vide order dated 18.2.2010 passed by this Court and the aforesaid applicants are also entitled for bail on the basis of parity. It is further submitted that these applicants have got no previous criminal history, who are in jail since last six months and the trial is yet to begin. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; footage of video CD/photographs produced in the Court; 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 applicants no. 2, 3 and 6 deserve bail at this stage. Let the applicant no. 2 Tribhuwan Deopa, applicant no. 3 Kapil Kanyal @ Chhotu and applicant no. 6 Basanat Singh Karki be released on bail on executing a personal bond and furnishing of two sureties, each in the like amount, by each of them to the satisfaction of CJM, Nainital. Bail application is disposed of accordingly. (Dharam Veer, J.) 23.3.2010 PRABODH 2