IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.234 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Sonu S/o Kashmira R/o Village Kamal Pur, Saini (Bichpadi) P.S. Bahadrabad, Distt. Haridwar. .…Applicant (In Jail) Versus State of Uttarakhand ……..Opposite Party Arising out of Case Crime No.123/2007 Under Sections 147/148/149 & 304 IPC, P.S. Bahadrabad, District Haridwar. Dated July 2, 2008: Hon’ble Dharam Veer, J. Heard Sri Tapan Singh, learned counsel for the applicant and Sri Tanuj Semwal, learned A.G.A. for the State. In brief the prosecution case is that Dalail, Ashok, Rameshwar, Govind, Rajbeer and Sonu (present applicant) have caused the injuries to deceased Jagpal with LATHIES & DANDAS and due to the injuries caused by the applicant along with other co-accused persons, Jagpal had died. With the same averments, the FIR was lodged by Vinod, son of deceased Jagpal on 8.9.2007 at 7:30 A.M. at Police Station Bahadarabad, District Haridwar. The said incident was said to have been taken place on 07.09.2007 at 08:00 P.M. Learned counsel for the applicant has submitted that as per the averments made in the FIR there is no intention and motive has been shown against the present applicant. He has further submitted that whatever the incident was happened, that was happened due to the sudden provocation. He has further submitted that the co-accused Rameshwar has been released on bail by the order of Sessions Judge, Haridwar on 22.11.2007, the co-accused Dalail has been released on bail by the order of In-charge Sessions Judge, Haridwar on 29.10.2007, the co-accused Govind has been released on bail by the order of Sessions Judge, Haridwar on 22.11.2007, the co-accused Rajbeer has been released on bail by this Court on 10.01.2008 and the co-accused Ashok has also been released on bail by this Court on 11th January 2008 therefore, on the basis of parity, the present applicant is also entitled for bail. He has submitted that the present 2 accused/applicant is in jail since October 2007 and the trial of the present case has not yet started. Lastly, it is submitted that the accused/applicant has got no criminal history before this case. 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 Sonu 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. Haridwar. The bail application is disposed of accordingly. (Dharam Veer, J.) 02.07.2008 NCM: