IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.787 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sunder Singh @ Shanker Singh ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.196/09 U/S 302 & 504 IPC, P.S. Dwarahat, District Almora Dated: December 1, 2009 Hon’ble Dharam Veer, J. Heard Mr. Lokendra Singh & Mr. Vinod Tewari, Advocates for the applicant and Mr. Amit Bhatt, learned Addl. GA for the State. In brief the prosecution case is that on 24.3.2009 at 10:00 PM, the applicant-accused had caused injuries on the neck of Jeetu @ Jitendra Rautela with a sharp edged weapon as a result of which Jeetu succumbed to his injuries on the spot. The applicant had caused injuries to deceased for the reason that the deceased had not paid the salary of one month to him. At the time of incident, complainant Narendra Singh, father of the deceased, was also along with his son. The FIR was lodged by the complainant on 24.3.2009 at 11 AM at P.S. Dwarahat, District Almora. Learned Addl. GA has argued that the applicant- accused was arrested by the police and he also got recovered a BADIYATH (sharp edged weapon) to the police by which he caused injuries to the deceased on 24.3.2009. He further submitted that the post-mortem report also shows that the cause of death was ante-mortem injury no.1 i.e. a large incised wound on the neck anterior aspect having size 14.0 x 3.0 cm, and the above-said injury could only be caused by a sharp edged weapon like BADIYATH. From the contents of the FIR and the post-mortem report, it reveals that the injury was caused to the deceased by a sharp edged weapon and that weapon was also got recovered by the applicant-accused and the specific allegations has been made against him. Therefore, in view of these facts and circumstances of the case, the applicant does not deserve bail at this stage. The bail application is accordingly rejected. (Dharam Veer, J.) 01.12.2009 Rajeev Dang