HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 20th December, 2010 1st Bail Application No. 978 of 2010 Order on the bail application of the accused. Vijendra @ Chotu S/o Chandra Lal ……. Applicant Versus State of Uttarakhand …….. Opposite Party In F.I.R. No. 12 of 2010 U/S 304 I.P.C. Police Station Kathgodam District Nainital Hon’ble Tarun Agarwala, J. Heard Shri R.S. Sammal, the learned counsel for the applicant and Shri Amit Bhatt, the learned Addl. G.A. for the State. A perusal of the F.I.R. indicates that the incident occurred due to sudden provocation and that there was no motive to cause injuries to the deceased. The court further finds that the deceased died after 24 hrs. from the date of the incident. The statement of Navin Chandra Pandey also indicates that the incident occurred on account of sudden provocation. Consequently, without further expressing anything on the merit of the case coupled with the fact that the co-accused Om Prakash has also been enlarged on bail by an order dated 4th May, 2010 in Criminal 1st Bail Application No.474 of 2010, the court is of the view that the applicant is entitled to be released on bail. Let the applicant be enlarged on bail in F.I.R. No. 12 of 2010, U/S 304 I.P.C., on executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of Magistrate concerned. (Tarun Agarwala, J.) Dated 20.12.2010 Shiv