HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 17th July, 2008 1st Bail Application No. 478 of 2008 Order on the bail application of the accused. CRIMINAL SIDE Ramesh Singh and others ……..Applicants Versus State of Uttarakhand ……..Opposite Party _______________________________________________________ Case Crime No. 171 of 2008 U/s 147, 302 and 201 I.P.C. Police Station Baijnath District – Bageshwar Hon’ble J. C. S. Rawat, J. Heard Mr. J.S. Virk, Advocate for the applicants; Sri Nandan Arya, A.G.A. for the respondent/State; and perused the record. A report was lodged on 26/04/2008 in which it has been alleged that on 25.04.2008, when the marriage party (baraties) was taking dinner in the marriage function and the host party was serving food to the Baraties, a scuffle took place between them. A number of persons came in support of the accused/applicants party and started beating the baraties and Krishna Mohan who was one amongst the braties was beaten by Laxman Singh and he was found dead on the next day due to the injuries sustained by him. The accused/applicant No.7 Jagdish Singh was also present there at the time of the incident. In persuasion of his common intention accused/applicant No.7 Jagdish Singh also caused injuries on the person of Dhirendra Singh. The statement recorded u/s 164 Cr.P.C. of injured Dhirendra Singh, Manohar Singh and Narendra Singh only indicates the role of Jagdish Singh and Laxman Singh in the said incident. Learned A.G.A. could not demonstrate me any other evidence of participation of the commission of offence against the accused/applicants Nos. 1 to 6, namely Ramesh Singh, Prakash Singh, Rajendra Singh, Jeevan Singh Bhandari, Heera Singh and Anand Singh Bhandari. The main role has been assigned to accused Laxman Singh who has caused injuries to Krishna Mohan by which he died whereas the accused/applicant Jagdish Singh who has been assigned the role of causing injuries to Dhirendra Singh in the same scuffle. After going through the counter affidavit and the annexed documents, there is no evidence of the accused/applicant Nos. 1 to 6, namely Ramesh Singh, Prakash Singh, Rajendra Singh, Jeevan Singh Bhandari, Heera Singh and Anand Singh Bhandari that they have participated in the incident. Considering the facts and circumstances of the case in totality, it is a fit case for grant of bail for accused/applicant Nos. 1 to 6, namely Ramesh Singh, Prakash Singh, Rajendra Singh, Jeevan Singh Bhandari, Heera Singh and Anand Singh Bhandari Let the accused/applicants Ramesh Singh, Prakash Singh, Rajendra Singh, Jeevan Singh Bhandari, Heera Singh and Anand Singh Bhandari be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate concerned The learned counsel for the accused/applicants did not want to press bail application of accused/applicant No.7 Jagdish Singh. Accordingly, the bail application of accused/applicant Jagdish Singh is dismissed as not pressed. (J.C.S. Rawat, J.) Dated 17.07.2008 Shiv