IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 16th July, 2009 First Bail Application No. 610 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Brahmswaroop ….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime. No. 191 of 2009 Under Section 304 of I.P.C. P.S. Kashipur. District Udham Singh Nagar Hon’ble J.C.S. Rawat, J. Heard Mr. M.K. Goyal, Advocate for the applicant and Mr. B.S. Parihar, Brief Holder for the State. Perused the record. After due consideration of the submissions of the learned counsel for the parties; perusal of the contents of the FIR; perusal of the affidavit, counter affidavit and the documents filed by the parties along with the bail application; perusal of the ground made in the bail application; the eye-account as stated by Hridesh Kumar in his statement recorded u/s 161 Cr.P.C. and the statement of Vinod Kumar read over by the learned Brief Holder from the case diary; and considering the fact and circumstances of the case in totality, it is not a fit case for bail. Therefore, the bail application of the applicant is hereby rejected. Rejected. (J.C.S.Rawat, J.) Dated 16.07.2009 Shiv/Bhaskar