IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 12th day of February, 2008 Criminal Bail Application No. 119 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Chinder Pal Singh S/o Inder Singh R/o Raghulia, P.S. Khatima, District Udham Singh Nagar. …Applicant(In Jail) Versus State of Uttarakhand ……..Opposite Party _____________________________________________________________ Arising out of Case Crime No.95 of 2008 Under Sections 332/333/353 I.P.C. Section 135 of Electricity Act and Section 2/3 of Public Property (Protection) Act P.S. Khatima District Udham Singh Nagar. Hon’ble Dharam Veer, J. Heard Sri B.S. Parihar, learned counsel for the applicant and Sri Harish Pujari, learned Additional GA for the State. In brief the prosecution case is that the applicant have the illegal electricity connection of light and when the complainant Prabhat Kumar along with L.M. Pant, Bhagirath Lal, Chan Yadav and Suraj Singh Rana has visited the place of occurrence then Kripal Singh, Gurdeep alias Deep and present applicant have caused the injuries to the complainant and his associates. With the same averments the F.I.R. was lodged by Prabhat Kumar on 8.01.2008 at 12:00 P.M. in P.S. Khatima District Udham Singh Nagar and the said incident was said to be taken place on 7.01.2008 at 7:45 P.M. Learned counsel for the applicant has submitted that the statement of the Prabhat Kumar was recorded by the I.O u/S 161 Cr.P.C. He has filed the copy of the statement along with his bail application i.e. Annexure No.3, in which Prabhat Kumar has stated that Kripal Singh has caused the injury to L.M. Pant, present applicant has caused the injury to Prabhat Kumar and Gurdeep alias Deep has caused the injury to Bhagiraath. He has further submitted that the injury report of Prabhat Kumar only shows one abrasion below the knee. He has further argued that the injuries are simple in nature and not on the vital part of the body. He has further submitted that the applicant is in jail since 8.01.2008 and the trial of the case has not yet been started and he has got no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, the court is of the view that the present applicant deserves bail at this stage. Let applicant Chinder Pal Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) February 12, 2008 ARTI