IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 9th day of April, 2010 Ist Bail Application No. 408 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Raveendra Prasad .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 06/2010, U/s 304 IPC, PS Kotwali, District Pithoragarh. April 9, 2010 HON’BLE DHARAM VEER, J. Heard Smt. Pushpa Joshi, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that whatever incident was said to have happened, that happened due to sudden provocation. No motive or reason has been shown to cause the injuries to Hoshiyar Singh. No weapon was shown by which the injury was caused. Injury was shown to be caused by fists and kicks. She also submitted that post mortem was conducted on 23.1.2010 at 2 pm and the FIR was lodged on 23.1.2010 at 4.30 pm, which also creates doubt on the prosecution story. She further submitted that the applicant has got no previous criminal history. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; 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 Raveendra Prasad 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.) 9.4.2010 PRABODH