BUDHAU @ KULDEEP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. RP Nautiyal, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State.

(2.) Learned Counsel for the applicant argued that there is a cross-case between the parties and from the applicant's side, FIR was also lodged by Satveer Singh on 4.12.2009 at 3.10 pm against Pahal Singh and Neetu, which was registered as Case Crime No. 84/2009 under Section 307 IPC, Case Crime No. 85/2009 under Section 25 of the Arms Act against Pahal Singh and Case Crime No. 86/2009 under Section 25 of the Arms Act against Neetu. Thereafter the present FIR was lodged by Smt. Suresho wife of Pahal Singh on the same day i.e. on 4.12.2009 at 6.50 pm. He further submitted that from the applicant's side Netrapal has also received the injuries in the said incident and at this stage it cannot be ascertained as to which party was the aggressor. He also submitted that coaccused Anwar has been granted bail by this Court vide order dated 8.7.2010 and the present applicant is also entitled for bail on the basis of parity.

(3.) Having heard the submissions of learned Counsel for the parties; perusal of the contents of both the FIRs, injury report and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage.