IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 15th day of April, 2010 Second Bail Application No. 21 of 2010 Criminal Side Ravi Gupta S/O Sri Sarvesh Gupta R/O Ward No.3 P.S. Khatima District Udham Singh Nagar …….Applicant Versus State of Uttarakhand ..…..Opposite Party. Arising out of Case Crime No. 4028of 2007 Under Sections: 302, 323, 506, I.P.C P.S.: Khatima, District Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Appilant Ravi Gupta, who is in jail in connection with Case Crime No. 4028 of 2007, relating to offences punishable under section 302, 323 and 506 I.P.C, Police Station, Khatima, District Udham Singh Nagar has sought his release on bail, through this 2nd bail application. The first bail application was rejected on merits on 10.08.2009. Applicant is named in the first information report. Specific role has been assigned to him in commission of murder. Post Mortem Examination report also corroborates the prosecution story. From the perusal of the affidavit and counter affidavit it appears that PW1Sudha Pathak (complainant) widow of the deceased and PW2 Sumit Pathak 2 (Son of the deceased) who are said to be only eyewitnesses have supported the prosecution story. Having considered submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to final merit of the case, this court is of the view that it is not a fit case for bail. Therefore, the bail application is rejected. Dt.15.04.2010 N.P (Prafulla C. Pant, J.)