IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 23rd day of February, 2011 Second Bail Application No. 157 of 2010 Criminal Side Bijendra Singh Gusain S/o Sadhu Singh Gusain R/o Balawala P.S. Raipur District Dehradun ……...Applicant Versus State of Uttarakhand …..….Opposite Party Arising out of crime no. 179 of 2009 Under Section: 498A, 304B, 328, 323 IPC P.S. Raiwala, District Dehradun -_______________________________________________________________________ Hon’ble Prafulla C. Pant, J. Smt. Pushpa Joshi, Advocate, present for the applicant. Shri S.S. Adhikari, A.G.A., present for the State. Applicant- Bijendra Singh Gusain, who is in jail in connection with crime no. 179 of 2009, relating to offences punishable under section 498A, 304B, 328, 323 IPC, P.S. Raiwala , District Dehradun, has sought his release on bail. Heard learned counsel for the parties. -2- The first bail application was rejected as not pressed on 20.05.2010. The applicant is husband of the deceased. There is specific allegation in the FIR that the applicant was beating the deceased soon before her death. The post-mortem report also discloses the ante-mortem injuries on the person of the deceased. Learned counsel for the applicant submitted that the applicant was on duty on the day when the incident is said to have been taken place. In this connection, she drew attention of this Court to annexure-4 filed with the affidavit which shows that the applicant was granted leave w.e.f. 02.11.2009 to 01.10.2009. Having considered submissions of learned counsel for the parties, and after going through the papers on record, this Court is of the view that it is not a fit case for bail. The bail application is rejected. (Prafulla C. Pant, J.) Dt. 23.02.2011 Parul