IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.1098 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Wazid S/o Navi Ahmed Khan ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of FIR No.297/09 U/Ss 308/323/504/506 IPC, P.S. Bazpur, Distt. U.S. Nagar Dated: December 17, 2009 Hon’ble Dharam Veer, J. Heard Mr. D.K. Sharma, Advocate for the applicant and Sri Amit Bhatt, learned Addl. GA for the State. Learned counsel for the applicants submitted that as per the averments made in the FIR, the applicant-accused had caused injuries to Chandra Bhan Singh. He further argued that as per the averments, whatever the incident had happened, that was happened by chance and there is no motive or intention by the applicant-accused for causing injuries to the injured. He further submitted that in the medical report of injured Chandra Bhan Singh, injuries were caused by a Rod (a blunt object), while in the FIR, injuries were shown to be caused by Patal, which is a sharp edged weapon. He further submitted that the version made the FIR does not get corroboration from the medical report. Further, the applicant is in jail since last more than 2½ months and he has got no criminal history before this case and the trial has yet not been begin. After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR and other material on record, 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-Wazid be released on bail on his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of CJM, U.S. Nagar. The bail application is disposed of accordingly. (Urgency application No.3416/09 also stands disposed of) (Dharam Veer, J.) 17.12.2009 Rajeev Dang