IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 12th day of February, 2008 Criminal Bail Application No. 120 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Deepak Chauhan S/o Late Shri Jogindar Singh R/o Village Tibbi Mazra, P.O. Raipura, District Panchkula Haryana. At present R/o Hotel Snow Crest, Roape Way Road, Joshimath, District Chamoli, Uttarakhand. .......Applicant(In Jail) Versus State of Uttarakhand .......Opposite Party _____________________________________________________________________________________________________________ __ Arising out of Case Crime No. 206 of 2007 Under Sections 307/323/147 I.P.C., P.S. Joshimath, District Chamoli. Hon’ble Dharam Veer, J. Heard Sri Sandeep Tandon, learned counsel for the applicant and Sri Harish Pujari, learned Additional GA for the State. In brief the prosecution case is that on 16.11.2007 the complainant along with other persons was demonstrating with their demands on the Marwari Bridge at National Highway and it was averted in the F.I.R. that the present applicant on the exhortation of other persons and Police Sub Inspector J.S. Rathor have tried to caused the injuries to the complainant and his associates. With the same averments, the F.I.R. was lodged by Bharat Singh on 16.11.2007 at 06:45 P.M. in P.S. Joshimath District Chamoli. Learned counsel for the applicant has submitted that with the same incident the one F.I.R. was also lodged by Station Officer of Police Sri Jawahar Singh Rathor against Mathwati Sati, Atul Sati, Kamal Ratori, Navneet Sati, Bharat Singh Kunwar, Mohan Lal Khelwar, Dinesh Vadhuvaran, Pratap Singh, Hayat Singh, Bharat Singh and another persons on the same day i.e. 16.11.2007 at 5:55 P.M. in P.S. Joshimath, District Chamoli. For that the Case Crime No. 204/07 U/Ss.147/148/323/504/342/353 I.P.C. was registered and one F.I.R. was also lodged by the present applicant Deepak Chauhan against Kunti Sati, Atul Sati and other persons on 16.11.2007 at 06:00 P.M. in P.S. Joshimath, District Chamoli for that Case Crime No. 205/07 u/Ss. 323/326 was registered. He has further submitted that the applicant has also received the injuries in the same incident and he has filed his medical examination report along with his bail application i.e. Annexure No.7. He has further submitted that these are the cross cases but the cases were registered in the police station with separate Crime Numbers. He has further submitted that at this stage it cannot be ascertained that which of the party was the aggressor in the said incident. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, the court is of the view that the present applicant deserves bail at this stage. Let applicant Deepak Chauhan be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Chamoli. The bail application is disposed of accordingly. (Dharam Veer, J.) February 12, 2008 ARTI