IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of December 2009 IIIrd Bail Application No.31 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Kuljeet Singh @ Kuljinder Singh @ Kulvinder Singh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 18, 2009 ____________________________________________________________________ Arising out of Case Crime No.1679/2006 Under Sections 147, 148, 149, 307, 328, 342, 364A, 368 and 120B/34 of IPC P.S. Sitarganj, District Udham Singh Nagar ________________________________________________________________ Hon’ble Dharam Veer, J. This is the third bail application moved on behalf of the applicant. The first bail application was dismissed as not pressed by this Court vide order dated 7.9.2007 and the second bail application was dismissed for want of prosecution vide order dated 8.4.2009 and those bail applications were not decided on merits. Heard Sri Dinesh Chauhan, learned counsel for the applicant as well as Sri M.A. Khan, learned brief holder for the State and also perused the record. In brief, the prosecution story is that on 12.9.2006 Sri Dhanpat Mittal lodged a written report at P.S. Sitarganj with the averments that on the same day in the morning at 6:00 AM his brother in law Govind Kumar Goel had gone by his motorcycle at Village Tigadi to see his land. When he did not come back to his house till evening, then the missing report was lodged on 12.9.2006 at 7:30 PM. Learned counsel for the applicant-accused stated that the present applicant is not named in the FIR. There is no direct allegation against the applicant and he has been falsely implicated in the present case. Learned brief holder for the State, on the other hand, has stated that the victim Govind Kumar Goel, in the statements recorded u/s 161 Cr.P.C. and u/s 164 Cr.P.C., has specifically stated that the accused-applicant alongwith other co-accused persons stepped down from the vehicle and thereafter on the tip of the pistol abducted him. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the FIR and the statement recorded u/s 164 Cr.P.C., I do not find any ground to release the applicant on bail. The third bail application is accordingly rejected. (Dharam Veer, J.) 18.12.2009 RG