Uttarakhand High Court
BA1/1073/2009 of VINOD SINGH Vs STATE OF UTTARAKHAND on 29 December 2009
COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Ist Bail Application No.1073 of 2009 Order on the Bail application of accused CRIMINAL SIDE Vinod Singh ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ORIGINAL JURISDICTION
Criminal Ist Bail Application No.1073 of 2009
Order on the Bail application of accused CRIMINAL SIDE
Vinod Singh
……….Applicant (In Jail)
Versus
State of Uttarakhand
------- Opposite party
________________________________________________________
Arising out of Case Crime No.03 of 2009, U/Ss 394/397/457/506 IPC, Chalani Naib Tehsildar, Kshetra Kafligair, District Bageshwar Dated: December 29, 2009
Hon’ble Dharam Veer, J.
Heard Sri U.S. Kalakoti, Advocate for the applicant and Sri M.A. Khan, learned Brief Holder for the State.
Learned counsel for the applicant has argued that as narrated in the FIR, whatever the incident had happened, that was happened due to sudden provocation and no motive or intention whatsoever can be established. He further submitted for the same offence, the applicant Vinod Singh also sustained the injuries and for that an application was also lodged by him before the Naib Tehsildar, Bageshwar. He further submitted that the applicant was also beaten by Govind Singh and Vikram Singh, who are the injured in the other case. He further submitted that at this stage it cannot be said that which of the parties was aggressor. Lastly, the applicant is in jail from the first week of October, 2009 and the trial has yet not been started.
After considering all the facts and circumstances, on hearing learned counsel for the parties and perusing the contents of the FIR, perusing the report given by the applicant-accused to Naib Tehsildar and also on perusal of other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage.
Let the applicant Vinod Singh be released on bail on his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of C.J.M., Bageshwar.
The bail application is allowed accordingly.
29.12.2009
Rajeev Dang
(Dharam Veer, J.)