IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the October 26, 2009 IInd Criminal Bail Application No. 77 of 2009 Order on the bail application of accused CRIMINAL SIDE Brij Pal S/o Sri Dayandnd R/o Gangdaspur, P.S. Kotwali – Laksar District Haridwar … Applicant Vs State of Uttarakhand … Opposite Party -------------------------------------------------------------------------------------------- Arising out of Case Crime No. 66 of 2009 Under Sections 302, 201, 34 of I.P.C. Police Station Kotwali Laksar District Haridwar By the court Hon’ble B.C. Kandpal, J The applicant has applied for bail in Case Crime No. 66 of 2009, under Sections 302, 201, 34 of I.P.C., Police Station Kotwali Laksar, District Haridwar. Heard Sri Vinod Sharma, learned counsel for the applicant, learned A.G.A. for the State and perused the record. This is the second bail application on behalf of the applicant as the first bail application was rejected by Hon’ble Justice J.C.S. Rawat, vide order dated 28.07.2009. Learned counsel for the applicant has invited my attention towards the order dated 10.09.2009 passed by Hon’ble Justice P.C. Pant, thereby granting bail to the co-accused – Naresh Kumar whose case was on similar facts and circumstances. I also perused the statement of Km. Pinkey under Sections 164 and 161 of Cr.P.C., which has been annexed as annexure No. 4 and 5 to the IInd bail application and the statements shows that it was Naresh, Brijpal (present applicant) and Shibba who assaulted the deceased – Mahipal with fists and kicks. Pinky is the material witness with whom the deceased – Mahipal was seen in a compromising position. Since, co-accused – Naresh Kumar has been granted bail by the order dated 10.09.2009 passed by Hon’ble Justice P.C.Pant, therefore, I am of the view that the applicant is also entitled for bail on the ground of parity. Accordingly, bail application is allowed. Let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of Magistrate concerned. (B.C. Kandpal, J.) 26.10.2009 ASWAL