IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 19th November, 2008 Order on the bail application of accused Criminal First Bail Application No.618 of 2008 CRIMINAL SIDE Raju S/o Dhan Singh @ Dhan Bahadur, R/o I.T.I. Rampur Road (Haripursakha) Haldwani P.S. Haldwani, District Haldwani. … Applicant Versus State of Uttarakhand ….Opposite Party Arising out of FIR No. 278/2008 Under Sections: 147, 307, 333, 504 & 506 IPC. P.S. Haldwani, District Nainital. _______________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Mr. D.S. Mehta, Advocate for the applicant, Mr. Amit Bhatt, Addl. G.A for the respondent-State & also perused the record. After due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R.; the fact that Digambar Khati & Jabar Singh are the police officials who are the injured persons in the incident; the fact that Digambar Khati was posted at P.S. Ramnagar whereas Jabar Singh was posted at Police Chowki Haldwani on the date of the incident; the fact that the prosecution could not demonstrate the GD entry that the aforesaid two police officials were posted at the Chowki, alleged by the prosecution in the F.I.R. where the place of incident falls; the fact that the injured police officials were posted at different places; one of them was posted at Ramnagar outside the Tehsil, Haldwani; the fact that there was no occasion for the two police officials to go to the house of the applicant alongwith the complainant party; they were not on duty there; and considering the averments made in the bail petition as well as in the counter affidavit, I deem it proper to release the accused applicant on bail. Let the accused-applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate concerned. (J.C.S. Rawat, J.) Dated 19.11.2008 V.K.