IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 11th September, 2008 Criminal First Bail Application No. 635 of 2008 Order on the bail application of accused CRIMINAL SIDE Pradeep Gangwar, S/o Ramdayal Gangwar R/o Village Harsinghpur, Balasod, Patti-Sukhro, Kotdwar, District Pauri Garhwal, … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No. 717 of 2008 Under Section: 307 of I.P.C. P.S. Kotdwar. District Pauri Garhwal. __________________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Mr. B.S. Adhikari, Advocate, holding brief of Mr. R.K. Joshi, Advocate for the applicant, Mr. Nandan Arya, Assistant Government Advocate for the respondent-State and also perused the record. Looking to the facts and circumstances of the case; the contents of the F.I.R.; the fact that the injured received the fire arm injury on his left thigh as alleged by the prosecution; the fact that in any situation, the accused would not have aimed at the vital part i.e. head, chest or the abdomen of the injured; and the fact that there is an improvement which is apparent from perusal of the statement of the complainant recorded under Section 161 Cr.P.C. & the F.I.R. lodged by him, I am of the view that it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned. Urgency application no. 2161 of 2008 is disposed of accordingly. (J.C.S. Rawat, J.) Dated 11.09.2008 V.K.