IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 29th day of August 2005 Criminal Misc. Bail Application No.763/2005 Order on the bail application of accused CRIMINAL SIDE Roshan Lal S/o Late Sukhvir Singh R/o Vyas Nadi Haripur P.S. Kalsi District Dehradun …….. Applicant Versus State of Uttaranchal .…...Opposite Party Arising out of case crime No.10/2005 U/s 302, 120-B I.P.C. P.S. Kalsi District – Dehradun Hon’ble J. C. S. Rawat, J. Heard Sri Vinod Sharma learned counsel for the applicant and learned A.G.A. for the State. Perused the record. The prosecution has filed the statement of Neelam, who is the witness of the incident. She has stated that the applicant is the main assailant. The other witness- Dileep Singh has seen the applicant running from the place of incident. It is also in the evidence that the deceased was subjected to cruelty prior to the commission of offence. Considering the facts, totality and circumstances of the case, it is not a fit case for bail. Therefore, the bail application is rejected. Dated 29.08.2005 (J.C.S. Rawat, J.) LSR