IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.1087 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Amjad ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.141/09 U/Ss 308/324/326/452 IPC, P.S. Laksar, Distt. Haridwar Dated: December 4, 2009 Hon’ble Dharam Veer, J. Heard Mr. Manish Arora, learned counsel for the applicant and Mr. Amit Bhatt, learned Addl. GA for the State. Counter affidavit filed today in the Court by the State be taken on record. In brief the prosecution case is that complainant Rafique had lodged the FIR at P.S. Kotwali Laksar on 6.6.2009 at 12:30 PM with the averments that the applicant-accused Amzad along with co-accused Firoz & Rashid had thrown acid upon his brother Shafique on 5.6.2009 at 3:00 AM. Learned counsel for the applicant argued that the allegations have been made in the FIR against all the three accused persons and the FIR was lodged by the complainant Rafique, on the basis of the information received by him from the victim Shafique and the complainant is not the eyewitness of the incident. He further argued that the State has filed a counter affidavit along with which the statement of victim Shafique has been annexed as Annexure CA1, who stated that the co-accused Firoz, who was having a plastic bucket in his right hand, had come and thrown the acid upon him. He further stated that the victim Shafique could only see the applicant-accused while chasing him. He further submitted that no specific role has been assigned to the applicant by the victim in his statement. Further, the applicant is in jail since 19.6.2009 and the trial has yet not been started and also he has got no criminal history. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record as well as on perusal of the counter affidavit filed by the State and more particularly the statement of victim Shafique, which has been annexed as Annexure CA1 to the supplementary affidavit, without expressing any opinion about the final merits of the case, I am of the view that the present applicant deserves bail at this stage. Let the applicant-Amzad be released on bail on his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of CJM, Haridwar. The bail application is disposed of accordingly. (Misc. Appln. No.3291/09 also stands disposed of) (Dharam Veer, J.) 04.12.2009 Rajeev Dang