IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 6th day of April, 2010 Ist Bail Application No. 392 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Dinesh Ram .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 3 of 2009, U/s 302, 427, 354, 504, 506 IPC, PS Naib Tehsildar, Sub District Didihat, District Pithoragarh. April 6, 2010 HON’BLE DHARAM VEER, J. Heard Smt. Pushpa Joshi, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. In brief, the prosecution case is that on 3.4.2009 at 6 pm, the applicant accused Dinesh Ram along with co-accused Bahadur Ram and Hoshiyar thrown stones on the house of Kamla Devi and also tried to outrage her modesty and with the intention to kill Kamla Devi, accused applicant caused injury on her head with a bat because of which she became unconscious. Co-accused Bahadur Ram and Hoshiyar also pelted stones in which Dhani Ram received the injuries. The FIR was lodged by Dhani Ram, father-in-law of Kamla Devi. Kamla Devi died on 6.4.2009 at 8.30 pm in Sai Hospital, Haldwani due to the injuries caused by the present appellant accused. Thereafter post mortem was conducted and in the post mortem report as per the opinion of the Medical Officer cause of death is shock and heamorrhage due to ante mortem head injury. Learned Counsel for the accused applicant argued that the applicant has been falsely implicated in this case on the basis of doubt. Contrary to it, Addl. GA for the State argued that Dinesh Ram is the main accused who caused the head injuries to Kamla Devi and she died. He further argued that specific role has been assigned to the present accused applicant. Having heard the submissions of learned Counsel for the parties and perusal of the contents of the FIR, post 2 mortem report and other papers available on record indicates that a prima facie case has been made out against the accused applicant, who has been assigned the specific role that he caused head injury to Kamla Devi with a bat because of which she died. Therefore, keeping in view of the facts and circumstances of the case, the Court is of the view that no case for bail is made out. Bail application is rejected accordingly. (Dharam Veer, J.) 6.4.2010 PRABODH