IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of November 2009 Ist Bail Application No.933 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Gurpej Singh S/o Rakshpal Singh ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 18, 2009 ____________________________________________________________________ Arising out of FIR No.44 of 2009 Under Sections 307, 504, 506 IPC P.S. Dineshpur, District Udham Singh Nagar ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Mrs. Puspha Joshi, Advocate for the applicant as well as Mr. M.A. Khan, Brief Holder for the State and perused the record. In brief, the prosecution case is that on 24.7.2009 the complainant had gone to his maternal uncle’s house at Netanagar, P.S. Dineshpur. He along with two other persons were sitting in the courtyard and talking with each other. Meanwhile, Suba Singh armed with gun, Gurpej (present applicant) and Mukhtayar Singh both armed with pistol and one other named Darshan Singh, by hurling abuses came on the road from their house and the applicant Gurpej Singh shot fire at the complainant Kawal Singh but somehow his life could be saved. Smt. Sukhwinder Kaur who was standing nearby got injured due to this shot of fire arm. Thereafter when Harjeet Singh reached on the spot and tried to intervene then Soba Singh shot fire at him. With the same averments, Kawal Singh lodged the First Information Report at P.S. Dineshpur, District Udham Singh Nagar on 24.7.2009 at 07:30 PM. Learned counsel for the applicant has argued that as per the injury report of Sukhwinder Kaur, the injuries received by her are simple in nature and there was no motive of the applicant to kill her. She further argued that in the above-said incident present applicant-Gurpej had also received injury of the gun shot and he too was medically examined on the same day at 10:10 PM. He was brought to the hospital by Indra Singh Rana, S.O., P.S. Dineshpur. Injury report of the applicant is annexed as Annexure No.2 to this bail application. She further argued that the applicant along with other persons tried to lodge a report of the said incident but FIR could not be lodged against the complainat side. Then a report was also sent to S.S.P., Udham Singh Nagar by Joginder but there also no action was taken. Thereafter the applicant moved an application u/s 156(3) of Cr.P.C. before Judicial Magistrate, Rudrapur on 27.9.2009. (Copy of application is annexed as Annexure No.4 to this bail application). She has further aruged that there are the cross cases and the injuries are on both sides hence at this stage it cannot be ascertained that which of the party was the aggressor. It is further submitted that the co-accused Mukhtayar Singh and Darhshan have already been released on bail by the trial court and the applicant is in jail from about one month. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Gurpej Singh 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, Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 18.11.2009 RG