IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 16th Day of April, 2008 Criminal Second Bail application no. 344 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Manoj Kumar @ Gaurav @ Govind S/o Sri Sanjeev Kumar, R/o village Kiratpur, P.S. Nagina, District Bijnore. … Applicant Versus State of Uttaranchal … Opposite party Arising out of case crime no. 61/2007 U.Ss. 302/ 404 I.P.C. Police Station- Shyampur, District Haridwar. Hon’ble Dharam Veer, J. Heard Jitendra Chaudhary, learned counsel for the applicant/ accused and Smt. Mamta Bisht, learned A.G.A. for the State. This is the second bail application moved by the applicant. The first bail application was dismissed as not press on 11.12.2007. The prosecution case, in brief, is that on 27.08.2007 at about 5:30-5:45 a.m. when the complainant Subodh Kumar reached in the house of Guru Dr. Ram Prakash Sharma at village Bahar Piligram, within Police Station Shyampur for an interview then he saw that the accused/applicant was coming out from the house with a bloodstained PATAL in his hand and immediately he fled on the PULSAR motorcycle of the deceased Dr. Ram Prakash bearing no. U.A. 08B-7052. The accused was also seen by the witness Mehar Singh running alongwith the bloodstained PATAL. When the complainant entered in the room of Dr. Ram Prakash, he saw him lying as dead and there were injuries on his dead body. The applicant/accused was serving as a servant in the house of the deceased Guru Ji Dr. Ram Prakash. With the same averments, the First Information Report was lodged by Subodh Shukla on the same day at 6:45 a.m. at Police Station Shyampur, District Haridwar. The distance of the place of occurrence from the Police Station is shown as 3 Kms. in the Chik First Information Report. Postmortem on the dead body was conducted on 27.08.2007 at 4:15 p.m. and in the postmortem the doctor has found as many as 7 incised wounds on the body of the deceased Dr. Ram Prakash. The cause of death has been shown due to shock and haemorrhage as a result of ante-mortem injuries. Autopsy was conducted by the Medical Officer, H.M.G. Hospital, Haridwar. Learned counsel for the applicant has submitted that in the First Information Report name of the accused Manoj has not been mentioned, rather the name of the accused is mentioned as Gaurav alias Govind. Learned A.G.A. has submitted that during the investigation, it has come in the light that the Gaurav @ Govind is also known with the name of Manoj. She has further submitted that specific roll has been assigned to the applicant/accused and the 7 incised wounds found in the body of the deceased in the postmortem report, corroborates the contents of the First Information Report. A perusal of the First Information Report reveals that specific roll has been assigned to the applicant that the accused had caused injuries to the deceased Dr. Ram Prakash with PATAL. The injuries of PATAL have been found in the postmortem report, which corroborates the contents of the First Information Report. Further, the Investigating Officer, during investigation has recorded the statement of the complainant Subodh on 27.08.2007, statement of the eyewitness Sri Mehar Singh on the same day and another witness Smt. Jhumari on 01.10.2007, which also corroborates the contents of the First Information Report. After considering all the facts and circumstances of the case, the court is of the view that the applicant does not deserve bail at this stage. The bail application is rejected accordingly. (Dharam Veer, J.) NCM: