IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the August 21, 2006 Criminal Bail Application No. 748 of 2006 Order on the bail application of accused CRIMINAL SIDE Sri Sanju Lal S/o Shri Ram Gopal R/o Village Baleshwar Patti Kemar Tehsil Ghansali District Tehri Garhwal ..... Applicant Vs State of Uttaranchal ....... Opposite Party -------------------------------------------------------------------------------------------- Arising out of Case Crime No. 04 of 2006 Under Section 302 I.P.C. Patwari Circle Chamiyala Tehsil Ghansali District Tehri Garhwal By the Court Hon’ble B.C. Kandpal, J The applicant has applied for bail in case crime No. 4 of 2006 under Section 302 I.P.C., Patwari Circle Chamilyala, Tehsil Ghansali, District Tehri Garhwal. Heard Sri H.C. Pathak, learned counsel for the applicant, Sri Ramji Srivastava, learned counsel for the complainant, learned A.G.A. for the State and perused the record. Although the applicant is not named in the First Information Report but the record reveals that, the role assigned to the applicant is that he assaulted victim with brick in his hand resulting his death. It also reveals that the applicant was a driver of the vehicle belonging to the deceased but anyhow he left the job of the deceased and joined as a driver in the vehicle of one Tripan Singh. The deceased was annoyed on account of this and abused the accused in a drunken state of affairs. The accused/applicant hit the deceased with brick on his head and on account of the same the deceased succumbed to injuries. Keeping in view the specific role assigned to the applicant, I do not find it a fit case for bail at this stage. Accordingly, the bail application is rejected. (B.C. Kandpal, J.) 21.08.2006 ASWAL