1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated :Nainital: the 16th day of June, 2010 First Bail Application No. 481 of 2010. Criminal Side Ravinder Singh Saini S/o Shri Jagat Singh R/o Village –Vijay Nagliya Police Station –Bazpur District Udham Singh Nagar ………..Applicant Versus State of Uttarakhand …………Opposite Party __________________________________________________________ Arising out of Crime / FIR No. 363 of 2009 Under Section: 147, 148,302 I.P.C. P.S. Bazpur District: Udham Singh Nagar Hon’ble Prafulla C.Pant,J. Shri Ram Singh Sammal, Advocate, alongwith Shri Lalit Sharma, Advocate, present for the applicant. Shri M.A. Khan, Brief Holder, present for the State. Shri H.C. Pande, Advocate, and Shri J.S. Virk, Advocate, present for the complainant. Applicant-Ravinder Singh Saini, who is in jail in connection with crime/ FIR No. 363 of 2009, relating to offences punishable under section 147, 148, 302 I.P.C., P.S. Bazpur, District Udham Singh Nagar, has sought his release on bail. Heard learned counsel for the parties and perused the affidavits and papers on record. Learned counsel for the applicant submitted that applicant is 40% disabled person (copy of certificate Annexure-9). It is also pointed out on behalf of the applicant that in the first information report, it is mentioned that the complainant took the deceased to Haldwani after, the hospital at Bazpur referred him for further treatment but the deceased succumbed to the injuries. In this connection, attention is drawn to Annexure-5 to the petition in which under Right to Information Act, the Superintendent of Primary Health 2 Centre, Bazpur, has mentioned that Ravindar Singh (deceased) was brought dead and not referred to any hospital. Learned counsel for the applicant further pointed out that the copy of the inquest report (Annexure-2) shows that information regarding the dead body in the Bazpur hospital was given to the police by the ward boy. It is further argued on behalf of the applicant, that in the first information report it is alleged that the applicant was armed with PATAL (a sharp edged weapon) but there is no injury of sharp edged weapon caused to the deceased, as is apparent from the post-mortem report (copy Annexure-3). In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. Let the applicant Ravindar Singh Saini be released on bail on executing personal bond and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C.Pant,J.) Dt.16.06.2010 Parul