HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 21st April, 2009 First Bail Application No. 255 of 2009 Order on the bail application of the accused. Anil Singh Rawat and Baldev Singh Rawat …….. Applicants Versus State of Uttarakhand …….. Opposite Party Case Crime No.39 of 2009 U/s 308, 504 and 506 I.P.C. Police Station Patel Nagar District Dehradun Hon’ble J. C. S. Rawat, J. Heard Mr. Prabhakar Joshi, Advocate on behalf of Mr. B.S. Negi, Advocate for the accused/applicants; Mr. Nandan Arya, A.G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; contents of the statement of Rahul Thapa and Bhim Bahadur Thapa which is annexure-2 to the counter affidavit; the fact that they have stated in their statement that Baldev Singh Rawat caught hold Bheem Bahadur and Anil Singh Rawat took out a knife and stabbed the injured Bheem Bahadur; Anil Singh Rawat also struck lathis on the head of Rahul. Both the injured have sustained the injuries on the vital parts of the bodies; the accused/applicant Anil Singh Rawat is the person who assaulted the injured; and in the facts and circumstances of the case, it is not a fit case for bail for applicant No.1 Anil Singh Rawat. Accordingly, the bail application of applicant No.1 Anil Singh Rawat is rejected. Whereas the bail application of applicant No.2 Baldev Singh Rawat is concerned, the role assigned in the statement of the injured against the accused/applicant No.2 Baldev Singh Rawat is only of catching hold Bheem Bahadur; and in the facts and circumstances of the case, it is a fit case for bail for applicant No.2 Baldev Singh Rawat. Let the accused/applicant No.2 Baldev Singh Rawat be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat, J.) Dated 21.04.2009 Shiv