IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 9th day of December, 2009 1st Bail Application No. 1204 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Pramod Sharma .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 159 of 2008, U/s 302/34 IPC P.S. Patel Nagar, District Dehradun. _______________________________________________________________ December 9, 2009 HON’BLE DHARAM VEER, J. Heard Smt. Pushpa Joshi, Advocate for the accused applicant and Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. In brief, the case of prosecution is that on 28.5.2008, accused applicant and other co-accused shot Sonu, the elder son of the complainant Smt. Padma Mishra because of some previous enmity. The accused applicant was lateron released on bail in that case and on 20.7.2008, the accused applicant and other co-accused, viz, Balbir Singh and Bizzy @ Braj Mohan caused injuries to her other son Monu Mishra. At the time of incident, the accused applicant was armed with iron made weapon, co- accused Bizzy @ Braj Mohan was armed with iron rod and Balbir singh was armed with hockey stick. Her son Monu Mishra subsequently succumbed to the injuries. As per the post mortem report, five ante mortem injuries were found on the person of the deceased Monu Mishra and cause of his death has been attributed to haemorrhage as a result of the ante mortem injuries. It has also been averred in the FIR that some litigation was going between the parties before the said incident. Averments made in the FIR are corroborated by the post mortem report and a specific role has been assigned to the present accused applicant. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR; post mortem report and other papers available on record and in the facts and circumstances of the case, the Court is of the view that there is no ground to enlarge the accused applicant on bail at this stage. The bail application is rejected accordingly. (Dharam Veer, J.) 09.12.2009 PRABODH 2