IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 31st day of March, 2010 Ist Bail Application No. 562 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Balvinder Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of FIR No. 119/2008, U/s 147, 148, 149, 302 IPC, PS Gadarpur, District Udham Singh Nagar. _______________________________________________________________ March 31, 2010 HON’BLE DHARAM VEER, J. Mr. SK Mandal, Advocate for the applicant. Mr. Amit Bhatt, Addl. GA for the State. Mr. MK Goel, Advocate for the complainant. Heard. In brief, the prosecution case is that on 2.9.2008 at about 6 pm, Jagveer Singh was murdered and it was stated in the FIR that co-accused Gurmeet Singh and Jarnail Singh caught hold the deceased Jagveer Singh and asked the accused appellant Balvinder Singh and other co-accused Balwant Singh & Surjeet Singh to kill him. Upon this, the accused appellant Balvinder Singh and other co-accused Balwant Singh & Surjeet Singh, all the three allegedly fired on Jagveer Singh, who died in the said incident on the spot. Report of this incident was lodged on 2.9.2008 at 11 pm. Learned Counsel for the accused applicant argued that co-accused Balwant Singh has been granted bail vide order dated 20.1.2010 passed by this Court. He further argued that other co-accused Gurmeet Singh and Surjeet Singh have also been granted bail by the Court of Session vide order dated 1.9.2009 and 18.2.2010 respectively and the present applicant is also entitled for bail on the basis of parity. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the fact that other co- accused have been granted bail; keeping 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 Balvinder Singh be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 31.3.2010 PRABODH 2