IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the February 18, 2005 Criminal IInd Bail application no. 81/2005 Order on the bail application of accused CRIMINAL SIDE Suliman S/o Sri Sahduli R/o Village Guladia Bhindara P.S. Newrea District Philibhit …. Applicant Versus State of Uttaranchal ….Opposite Party _____________________________________________________ Arising out of Case Crime No. 368 /2004 U/Ss 307, 324, 325, 504, 506 IPC Police Station Khatima District Udham Singh Nagar By the court Hon’ble J.C.S. Rawat, J. Heard Sri S.K. Mandal learned counsel for the applicant, and learned A.G.A. Perused the record. This the second bail application of the applicant-accused. The first bail application was rejected by this Court on the grounds that the applicant is the main person who caused the injuries on the injured and there were three injured persons. Later on, the bail application of Azim was moved before this Court and this Court has granted him bail in 9.12.2004 on the ground that both the parties have received the injuries during the course of incident. Co- accused Azim, who assigned the similar role, has been admitted to bail by this Court on 9.12.2004. Co - accused Saleem has already been released on bail by the Sessions Judge on 3.1.2005. Perusal of the FIR reveals that the role assigned to the applicant is of similar to the other co-accused. The ground of releasing of other co-accused as has been alleged in this bail application was not available to the applicant-accused at the time of disposal of the first bail application because the co-accused were released on bail on the later dates. Apart from this, at the time of the first bail application it was not contented or averred that both the parties sustained the injuries during the course of incident. The fresh grounds for granting the bail are made out. Therefore, the applicant-accused is admitted to bail. Let the applicant-accused be released on bail on his executing a personal bond each and two sureties each in the like amount to the satisfaction of C.J.M. concerned. (J.C.S. Rawat, J.) Dated 18.02.2005 LSR