HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 16th April, 2009 First Bail Application No. 243 of 2009 Order on the bail application of the accused. Babu Ram S/o Sukkar …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No. 88 of 2008 U/s 302 I.P.C. Police Station Khanpur District Haridwar Hon’ble J. C. S. Rawat, J. Heard Mr. Lok Pal Singh, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; averments made in the F.I.R. against the accused/applicant; the motive has been alleged in the F.I.R. against the present accused/applicant by Babu Ram; there are two eye witnesses of the incident; copy of the statement of the eye witnesses Rajbal and Lekh Raj is annexed with the counter affidavit; the delay in recording the statement has been explained in the statement; according to the eye account, the accused/applicant is a person who fired upon the deceased, consequently the deceased fell down; and in the facts and circumstances of the case, I find that it is not a fit case for bail. Accordingly, the bail application is rejected. (J.C.S. Rawat, J.) Dated 16.04.2009 Shiv