IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 15th day of July, 2010 2nd Bail Application No. 89 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Zaney Ali & Another .….Applicants (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of FIR No. 68/2010, U/s 307, 324, 506 IPC, PS Gadarpur, District Udham Singh Nagar. July 15, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Suresh Kumar Mishra, Advocate for the applicants and Mr. Amit Bhatt, Addl. GA for the State. First bail application of the applicants was dismissed as not pressed vide order dated 29.6.2010 passed by this Court. Hence, the second bail application has been moved on their behalf. In brief, the prosecution case is this that on 27.4.2010 Mohd. Yameen lodged a report at PS Gadarpur with the averments that on 25.4.2010 at about 5 pm, present applicants along with co-accused Namey Ali and Smt. Sakeena caused injuries to Gulam Mushtafa and Bashir Ahmaed. Learned Counsel for the applicants argued that before lodging of the present FIR, co-accused Namey Ali has lodged a FIR on 25.4.2010 at 8.05 pm against Gama @ Wadi, Alijan, Safeeq and Bachu under Sections 323, 324 and 506 of IPC at PS Gadarpur and in that case, co-accused Namey Ali, Smt. Sakeena, Nazakat and Smt. Nazreen are the injured. Learned Counsel for the applicants further submitted that these are the cross-cases and there are injuries on both sides and at this stage it cannot be ascertained that which of the party was aggressor. He further submitted that co-accused Namey Ali has been granted bail by this Court vide order dated 29.6.2010 and the present applicants are also entitled for bail on the basis of parity. Having heard the submissions of learned Counsel for the parties; perusal of the contents of both the FIRs and also 2 considering the injuries sustained by the applicant’s side and also on perusal of other materials on record, in the facts and circumstances of the case and without expressing any opinion about the final merits of the case, the Court is of the view that the applicants deserve bail at this stage. Let the applicants Zaney Ali and Liyakat Ali be released on bail on executing a personal bond and furnishing two sureties each in the like amount by each of them to the satisfaction of CJM, Udham Singh Nagar. Bail application is allowed accordingly. (Dharam Veer, J.) 15.7.2010 PRABODH