IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION IInd Bail Application No.81 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Tejpal Singh S/o Mahendra Singh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: March 19, 2010 ____________________________________________________________________ Arising out of F.I.R. No.28 of 2009 Under Sections 147, 148, 149, 307, 302 and 34 of IPC P.S. Nanakmatta, District Udham Singh Nagar ________________________________________________________________ Hon’ble Dharam Veer, J. This is the second bail application moved on behalf of the applicant. On 20.7.2009, first bail application was going to be rejected on merits but at the time of dictating the bail order, learned counsel for the applicant prayed to withdraw the bail application. Therefore, first bail application was then dismissed as withdrawn. Heard Sri Lalit Sharma, learned counsel for the applicant as well as Sri M.A. Khan, learned Brief Holder for the State and also perused the record. In brief, the prosecution story is that on 25.3.2009 Dalip Singh, Jaswant Singh, Kakka Singh and Makhan Singh reached on their field and saw that the applicant Tejpal Singh alongwith co-accused Balvindar Singh, Kulwinder Singh, Gurdev Singh, Kashmir Singh, Manjeet Singh and Kulwant Singh, armed with guns, were forcibly ploughing their field. When Dalip Singh, Jaswant Singh, Kakka Singh and Makhan Singh asked the accused persons not to plough their field then the aforesaid accused persons started firing upon them due to which Dalip Singh received gun shot injury on his chest and who died on the spot. Jaswant Singh, Kakka Singh and Makhan Singh also got seriously injured in that incident. With the same averments, grand son of Dalip Singh, namely, Nishan Singh lodged the FIR at P.S. Nanakmata on the same day at 03:30 PM. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the said case by the complainant. Per contra, learned brief holder for the State strongly opposed the bail and stated that the applicant with common intention with other accused persons fired upon Dalip Singh, Jaswant Singh, Kakka Singh and Makhan Singh. Due to gun shot, Dalip Singh died on the spot and Jaswant Singh, Kakka Singh and Makhan Singh also got seriously injured. Thus, the contents of the FIR get corroborated from post-mortem report of the deceased Dalip Singh as well as from the injury reports of Jaswant Singh, Kakka Singh and Makhan Singh. After considering all the facts and circumstances; on hearing learned counsel for the parties; perusing the contents of FIR; perusing the post-mortem report and injury reports and considering the fact that the applicant with common intention with other accused caused firearm injuries to Dalip Singh, Jaswant Singh, Kakka Singh and Makhan Singh which resulted into the death of Dalip Singh while the rest got seriously injured, as well as on perusing the other material available, I am of the view that the applicant does not deserve bail. The bail application is liable to be rejected and is rejected accordingly. (Dharam Veer, J.) 19.03.2010 RG