IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JUDRISDICTION Dated Nainital the June 28th, 2006 Bail Application No. 975 of 2005 Order on the bail application of accused. CRIMINAL SIDE Tasleem S/o Mohammad Yunus R/o Khatari, Ramnagar At present: Judge Farm, Hiranagar Police station- Haldwani District Haldwani ……… Applicant Versus State of Uttaranchal ………. Opposite Party In Case Crime No. 6704 of 2005 U/s 302 I.P.C. Police Station – Haldwani District- Nainital Hon’ble J.C.S. Rawat, J. Heard Smt. Pushpa Joshi-learned counsel for the applicant, learned AGA for the State and perused the record. It is the prosecution case that a telephonic message was received on 06.07.2005 and thereafter the senior Sub inspector alongwith the patrolling party immediately rushed to the place of the incident near S.P.R. Office at Hiranagar, Haldwani where they found a lady with burn injuries and she disclosed her name as Geeta w/o Tasleem. She stated that her husband poured kerosene oil and alighted matchstick on her. She was admitted to the hospital in a bad condition where died on 12.07.2005. During the period when she was admitted in the hospital, a dying declaration was recorded where she had implicated the present accused-applicant. There are two dying declarations in this matter. The first one was before the Senior Sub Inspectior-Ramesh Chandra Makholia and the other one was recorded by the Tehsildar. Considering the facts and circumstance of the case in totality, it is not a fit case for bail at this stage. The bail application is rejected accordingly. (J.C.S. Rawat, J.) Dated 28.06.2006 Shiv