HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 15th April, 2009 First Bail Application No. 321 of 2009 Order on the bail application of the accused. Salim S/o Haji Nazir Ahmed …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.37 of 2009 U/s 302 I.P.C and 3/10 S.C. & S.T. (Prevention of Atrocities) Act, 1989 Police Station Dalanwala District Dehradun With First Bail Application No. 279 of 2009 Order on the bail application of the accused. Javed Khan S/o Ummed Khan …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.37 of 2009 U/s 302 I.P.C and 3 (X) S.C./S.T. Act Police Station Dalanwala District Dehradun Hon’ble J. C. S. Rawat, J. Heard Mr. A. Rab, Advocate for the accused/applicant Salim; Mr. K.S. Verma, Advocate for the accused/applicant Javed Khan; Mr. Pawan Mishra, Advocate for the complainant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; documents filed by the parities; perusal of the information submitted to 108 Mobile Ambulance, In-charge; the fact that the incident is said to have occurred at 12:30 p.m. in the F.I.R.; the fact that the mobile Ambulance records that the information of the accident was received at 12:03 p.m. on 10/02/2007; the fact that the statement of Ajay @ Chapati admits that the scooty dashed with some girls and they fell down; the fact that Ms. Ganga Sagar also sustained injuries according to the documents; the story projected by the prosecution and placed before the court; the fact that the case has already been converted u/s 304 I.P.C. on 19/03/2009 as stated by the learned A.G.A.; and in the facts and circumstances of the case, it is a fit case for bail. Let the accused/applicants Salim and Javed Khan be released on bail on each executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat, J.) Dated 15.04.2009 Shiv