IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 11th day of December, 2009 Urgency Application No. 3349/2009 In 1st Bail Application No.1132 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Virendra Singh .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 264of 2009, U/s 304 I.P.C. & 3(1)(x) of S.C. and S.T. Act, PS Dhumakot, District Pauri Garhwal. _______________________________________________________________ December 11, 2009 HON’BLE DHARAM VEER, J. Mr. D.C.S. Rawat, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. Counter affidavit filed on behalf of the State is taken on record. In view of the grounds mentioned in the accompanying affidavit, urgency application is allowed. Heard on the bail application. In brief, the case of prosecution is that in the evening of 10.9.2009, the complainant Anand Prakash, in his rented house, was having liquor along with his son- in-law Guddi Lal (deceased) and the accused applicant Virendra Singh. At about 7.30 pm, one Tejpal Singh also came there and joined them and after having the liquor, he left the place. Thereafter accused applicant Virendra Singh and deceased Guddi Lal exchanged hot words and upon this both the accused applicant and the deceased were asked by the complainant to go from there. Accused applicant kicked the deceased upon which he fell down and received injuries. Thereafter Guddi Lal moved further, who was under intoxicated condition and was not able to control himself and lateron fell down in a ditch and remained there for the whole night. Accused applicant Virendra Singh had also gone from there. In the morning, Guddi Lal was found dead. Learned Counsel for the accused applicant argued that there was no motive or intention on the part of the accused applicant to cause injuries to the deceased Guddi Lal and all of them were under the influence of alcohol. He further argued that Guddi Lal was lying in the ditch under the open sky in unconscious condition for the whole night and he might have died due to cold. He further submitted that the incident was sudden and under the influence of alcohol which they had consumed in the house of the complainant Anand Prakash, who is the father-in-law of the deceased. He also submitted there is no criminal history against the accused applicant before this case, who is in jail since September, 2009 and trial is yet to begin. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record and in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Virendra Singh be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 11.12.2009 PRABODH 2