IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 25th day of April 2008 Criminal Bail Application No.233 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Raja Ram S/o Ram Prasad R/o Indra Colony, Gali No.4, Rudrapur, P.S. Rudrapur, Distt. U.S. Nagar Applicant (In Jail) Versus State of Uttarakhand ------- Opposite Party _____________________________________________________ Arising out of Case Crime No.5023 of 2007. U/Ss 302/323/504 IPC, P.S. Rudrapur, Distt. U.S. Nagar Hon’ble Dharam Veer, J. Heard Sri M.K. Ray, learned counsel for the applicant and Sri Prabhakar Joshi, learned brief holder for the State. In brief the prosecution case is that on 22.8.2007 at 8:00 P.M. at Indira Colony, Lane No.4, Bengali Colony, Rudrapur, the present applicant being armed with Lathi and co-accused Dhan Kumar being armed with Lathi and co-accused Chandra Devi being armed with Patal, have caused injuries to Kulvinder Singh and Nirmal Singh and due to these injuries, Kulvinder Singh had died. With these averments, the FIR was lodged by Balvinder Singh on 25.8.2007 at 11:55 P.M. at P.S. Rudrapur, Distt. U.S. Nagar. Learned counsel for the applicant submitted that in the post-mortem report, there is only one injury shown on the head of deceased Kulvinder Singh and doctor has also given opinion that death was caused due to coma as a result of ante-mortem head injury. He further stated that at this stage it could not be said that who had caused the injury to deceased Kulvinder Singh. He further submitted that from the averments made in the FIR, it is clear that whatever the incident was happened, that was happened due to sudden provocation. He further submitted that the applicant has not planned to cause injury to deceased Kulvinder Singh and the applicant along with co-accused persons had no caused the injury to deceased with the common intention. He further submitted that FIR has been lodged with delay of three days however there is no explanation with regard to delay in lodging the FIR. He further submitted that co- accused Dhan Kumar has been released on bail by this Court on 15.2.2008 and co-accused Smt. Chandra Devi has also been released on bail by this Court on 26.10.2007 and the present applicant also deserves bail on the ground of parity. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court it of the view that the applicant deserves bail at this stage. Let applicant Raja Ram be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, U.S. Nagar. The bail application is disposed of accordingly. (Bharam Veer, J.) 25th April, 2008: Rajeev Dang