ASHWANI ALIAS MONI Vs. STATE OF UTTARAKHAND

JUDGEMENT

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

(2.) Learned Counsel for the accused applicant argued that whatever incident has happened, that happened on sudden provocation and it was not premeditated or preplanned and no motive or intention whatsoever could be established. He further submitted that there is a cross-version of the incident as an FIR relating to the same occurrence has also been lodged by Amar Singh and at this stage it cannot be ascertained as to which party was aggressor. He further submitted that co- accused Vikas Kumar has been granted bail by this Court vide order dated 17.3.2010 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 the FIR, cross FIR lodged by Amar Singh 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.