Uttarakhand High Court
BA1/1138/2010 of ASHOK GABA Vs STATE OF UTTARAKHAND on 31 December 2010
COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 31st day of December, 2010 First Bail Application No.1138 of 2010 Criminal Side Ashok Gaba S/o Deshraj Gaba R/o Surajpur No. 1, P.S. Gadarpur District Udham Singh Nagar ……...Applicant ( in Jail) Versus
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Original Jurisdiction
Dated: Nainital: the 31[st] day of December, 2010First Bail Application No.1138 of 2010
Criminal Side
Ashok GabaS/o Deshraj GabaR/o Surajpur No. 1, P.S. GadarpurDistrict Udham Singh Nagar
……...Applicant ( in Jail)
Versus
State of Uttarakhand
…..….Opposite Party
Arising out of FIR no. 159 of 2010Under section : 147, 148, 149, 323, 302, 504, 506 IPCP.S. Gadarpur, District Udham Singh Nagar -________________________________________________________________________
Hon’ble Prafulla C. Pant, J
Shri D.K. Sharma, Advocate, present for the applicant.
Shri M.A. Khan, Brief Holder, present for the State.
Shri R.P. Nautiyal, Advocate, present for the complainant.
Applicant- Ashok Gaba, who is in jail in connection with FIR no. 159 of 2010, relating to offences punishable under section 147, 148, 149, 323, 302, 504, 506 IPC, P.S. Gadarpur, District Udham Singh Nagar, has sought his release on bail.
Heard learned counsel for the parties.
Learned counsel for the applicant states though the applicant is named in the first information report, and role has also been assigned to him, but the applicant himself is a injured person. It is pointed out that there are two cross cases of the same incident, and it is difficult to say at this stage as to who was aggressor.
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 applicant Ashok Gaba, be released on bail on executing personal bond, and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar.
(Prafulla C. Pant, J.)
Dt. 31.12.2010
Parul