Sonu and Arvind vs State of Uttarakhand

Dharam Veer, J.—Heard Mr. B.B. Sharma, learned Counsel for the applicant, Mr. Manish Arora, learned Counsel for the complainant and Mr. Amit Bhatt, learned Addl. GA for the State.

As per the prosecution case, on 7.10.2009 at 9:10 PM a First Information Report was lodged by Kunwar Singh at P.S. Kotwali Gangnanhar Roorkee against the applicants with the allegations that the applicant Sonu and one unknown person assaulted the complainant and Sheeshpal, due to which Sheespal has received injuries.

Learned Counsel for the applicant submitted that there is a cross version also and a FIR of the same incident was also lodged by the applicant Sonu on 8.10.2009 at 3:40 AM with the allegations that Kunwar Singh and Sheespal has caused injuries to the applicant Sonu. Learned Counsel for the applicant further submitted that these are the cross cases and the injuries are on both the parties i.e. on the side of complainant and accused persons and at this stage it cannot be ascertained that which of the party is the aggressor.

After considering all the facts and circumstances; on hearing learned Counsel for the parties; on perusal of the contents of the FIR and other papers available 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 applicants Sonu and Arvind be released on bail on executing a personal bond by each one of them and on furnishing two sureties each in the like amount to the satisfaction of CJM, Haridwar.

The bail application is allowed accordingly.