1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 13th day of October, 2011 First Bail Application No. 509 of 2011 Criminal Side Deep Chandra S/o Tara Dutt Dani R/o Village papariya Patwari Area Kumaleshwar Tehsil Bhikyasain District Almora …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime. No. 01 of 2011 Under Sections: 302 of I.P.C. Police Station: Revenue Police Area Deghat District: Almora Hon’ble Prafulla C. Pant, J. Mr. Yogesh Pacholia, Advocate with Mr. N.K.Papnoi, Advocate, present for the applicant. Mr. Nandan Arya, A.G.A., present for the State. Heard. Applicant– Deep Chandra, who is in jail in connection with Crime No. 01 of 2011, relating to offence punishable under section 302 of I.P.C.,Chalani 2 Thana, Revenue Police Area Deghat, District Almora, has sought his release on bail. Learned counsel for the applicant drew attention of this court to the statement of witness Durga Singh recorded under section 161 of Cr.P.C., wherein while narrating the prosecution story he has stated that Pagla (deceased) assaulted Deepu (present petitioner) on his head. Enraged on this, Deepu (present petitioner) assaulted with a stone on the head of Pagla, consequently, he died. Witness Zakir Hussain has also stated the he saw the deceased and accused grappling with each other before Deepu hit the stone on the head of deceased. Learned counsel for the applicant argued that assuming what the witnesses are stating true, even then the act on the part of the present applicant is covered by the right of the private defence. The applicant was not armed with any deadly weapon, and had no intention to kill any one. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view, that applicant deserves bail. The Bail Application is allowed. Let the applicant- Deep Chandra, be released on bail on executing personal bond and furnishing two sureties, 3 each of the like amount, to the satisfaction of Chief Judicial Magistrate, Almora. (Prafulla C. Pant, J.) Dt.13.10.2011 Nahid