IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the May 17th, 2006 Criminal Misc. Bail Application No. 416 of 2006 Order on the bail application of accused CRIMINAL SIDE Lavinder Singh @ Lavi Singh S/o Edger E.C. Singh R/o Mission Compound, Roorkee P.S. Kotwali Roorkee District Haridwar .........Applicant Versus State of Uttaranchal ..........Opposite Party ---------------------------------------------------------------------------------------- Arising out of case crime No. 256 of 2005 Under Section 302, 307, 120-B IPC P.S. Kotwali Roorkee District Haridwar. Hon’ble J.C.S. Rawat, J. Heard Sri A.K. Gautam learned counsel for the applicant and learned A.G.A. for the State. Perused the record. The case diary is available with the learned AGA. According to the prosecution case, while the husband of the complainant was opening the lock of gate, the present applicant and co-accused Ashish started hurling abuses upon them. During the hot words, the co-accused Ashish loaded the gun and handed over to the present applicant. On which, the present applicant fired upon the deceased, who died spontaneously at the spot. There is a prompt FIR of the incident. The wife of the deceased is the sole eye witness of the incident. The present applicant is the main assailant. Considering the facts and circumstances of the case, it is not a fit case for bail. Therefore, the bail application is hereby rejected. Rejected. (J. C. S. Rawat, J.) Dated 17.05.2006 LSR