IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 18th September, 2008 Criminal First Bail Application No.415 of 2008 & Criminal First Bail Application No. 416 of 2008 Order on the bail application of accused CRIMINAL SIDE Khusal Singh S/o Dev Singh R/o Village Tundi Post Barmo Tehsil Didihat, District Pithoragarh, Presently residing at Pawan Vihar Colony, Pithoragarh, District Pithoragarh. … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No.3992/2006 & 3993/2006 Under Sections: 302 & 307 of I.P.C (in case crime No.3992/2006) & Section 30 of the Arms Act (in case crime No.3993/2006). Police Station Pithoragarh, District Pithoragarh. Hon’ble J.C. S. Rawat, J. Heard Mr. Tumul Nailwal, Advocate for the applicant, Mr. Nandan Arya, Assistant Government Advocate for the respondent-State and also perused the record. After considering the submissions of the learned counsel for the parties; the contents of the F.I.R; the fact that the offence and the allegations against the accused-applicant are of serious in nature; the fact that the applicant entered the house of the complainant and fired upon his daughter with the licensee gun who later succumbed to her injuries, as alleged by the prosecution; and the fact that the said weapon was recovered from the applicant’s possession, I do not find any good ground for bail, hence the bail applications of the applicant is hereby rejected. The learned counsel for the accused-applicant submitted that the accused-applicant is in jail for the last two years and he is leading a crippled life due to paralytic attack on the left side of the body. The applicant cannot move on its own. The learned counsel for the applicant further submitted that seeing the condition of the applicant, he was admitted to Susheela Tiwari Hospital on 22.07.2008 for treatment and he was further referred to AIIMS, New Delhi/SGPGI, Lucknow but the State Government has not taken him to the higher medical center of Neurology. The applicant has also filed supplementary affidavit to that effect alongwith medical treatment report of Susheela Tiwari Hospital wherefrom it is revealed that the petitioner was referred to the Neurological Department of AIIMS, New Delhi/SGPGI, Lucknow for getting expert opinion. Instead of taking the applicant to the abovementioned destinations for his treatment, he was taken to Pithoragarh Jail where no facility is available for treating him. In the facts and circumstances of the case, I direct the State Government, the District Magistrate, Pithoragarh, the S.S.P, Pithoragarh and the Jail authorities concerned to take the applicant to the Department of Neurology at Dehradun Medical College for obtaining the expert opinion with regard to the condition of the applicant and if the said medical college refers the applicant to the higher institutes for treatment, he shall be taken to the referred institutes where his treatment could be made on government expenses. The government as well as the authorities concerned would provide the adequate medicines and funds for his treatment to the police department. It is further made clear that lack of funds should not be a ground for refusing treatment to the applicant. Let the compliance report to the aforesaid effect be submitted to the Registrar General, High Court of Uttarakhand as well as to the Government Advocate within one month from today. A periodical report with regard to the applicant’s state of health shall also be sent. In case of non-compliance of the aforesaid directions, the applicant may move to this Court for further directions. Urgency Application Nos. 1972/2008 & 2234/2008 are disposed of accordingly. (J.C.S.Rawat, J.) Dated 18.09.2008 V.K