IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 6th day of October, 2009 Ist Bail Application No. 204 of 2009 Order on the Bail Application: CRIMINAL SIDE Balbir Singh Negi S/o Ashar Singh Negi R/o 365, Gandhi Gram P.S. Patel Nagar, District Dehradun. ………… Applicant Versus tate of Uttarakhand ………… Opposite Party S Arising out of Crime No. 159 of 2008 Under Sections: 302 / 34 of I.P.C. Police Station: Patel Nagar District: Dehradun. Hon’ble Prafulla C. Pant, J. Applicant Balbir Singh Negi, who is in jail in connection with Crime No. 159 of 2008, relating to offence punishable under Section 302 /34 of the I.P.C., Police Station Patel Nagar, District Dehradun, has sought his release on bail. Heard Mr. V.P. Bahuguna, Advocate for the applicant, Mr. M.A. Khan, Brief Holder for the respondent State and Mr. Vinod Sharma, Advocate for the complainant. The applicant Balbir Singh Negi was on bail in a case relating to offence punishable under Section 307 of I.P.C. (Crime No. 191 of 2008), Police Station Kotwali Dehradun, which related to causing bullet injury to the brother of the present deceased. After he was released on bail, now, he is named in murder of the brother of the injured of said case. In the circumstances, the applicant has abused the bail granted to him in Crime No. 191 of 2008. In the above circumstances, this Court is not inclined to allow the bail application moved by the applicant, after he is arrested in connection with Crime No. 159 of 2008, relating to offence punishable under Section 302 / 34 of I.P.C., Police Station Patel Nagar, District Dehradun. The bail application is rejected. [ (Prafulla.C. Pant, J.) Dt. 06.10.2009 H.Negi