IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.322 of 2010 Order on the Bail application of accused CRIMINAL SIDE Vikas Kumar ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.473 of 2009, U/s 307/504/506 IPC, P.S. Kotwali Manglaur, Distt. Haridwar Dated: March 17, 2010 Hon’ble Dharam Veer, J. Heard Mrs. Prabha Naithani, Adv. for the applicant and Mr. M.A. Khan, learned Brief Holder for the State. Learned counsel for the applicant has argued that as narrated in the FIR, whatever the incident had happened, that was happened due to sudden provocation and no motive or intention whatsoever can be established. She further submitted for the same offence, a cross FIR was also lodged by Amar Singh which was registered as Case Crime No.474/09 u/s 323/324/504/506 IPC. She further submitted that these are the cross-cases and at this stage it cannot be said that which of the parties was aggressor. She further submitted that in the above-said cross case, accused on the other side i.e. Shamsher @ Sonu has been released on bail by the order of Judicial Magistrate, Roorkee, Haridwar on 31.10.2009 and co-accused of this case, namely, Ram Kumar and Jodh Singh have been released on bail by this Court on 29.12.2009, and the present applicant also deserves bail on the basis of parity. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Vikas Kumar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. The bail application is allowed accordingly. (Dharam Veer, J.) 17.03.2010 Rajeev Dang