IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 16th December, 2008 Criminal Bail Application No. 839 of 2008 Order on the bail application of accused CRIMINAL SIDE Sandeep Gurjar S/o Tejpal ….. Applicant Versus State of Uttarakhand ….. Opposite Party Arising out of Case Crime No. 26 of 2008 Under Sections 302 & 201 I.P.C. P.S. Khanpur District Haridwar Hon’ble J.C.S. Rawat, J. Heard Mrs. Pushpa Joshi, Advocate for the applicant and Mr. Amit Bhatt, Addl. G.A. for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; perusal of the statement of Monu reveals that accused Manoj and Shushil, who were having ‘Khuluwa’ and ‘lathi’ respectively in their hands struck on the head of the deceased, who fell on the ground; the fact that the role of the applicant-accused has been assigned to the effect that while Monu was running towards the Tubewell the applicant chased him and struck injuries on his person; the medical report of Monu reveals that the injuries are not on his vital part; the applicant is not the assailant of Paarul-deceased; and considering the facts and circumstances of the case, it is a fit case for bail. Let the applicant-accused 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 16.12.2008 LSR