IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 25th day of November 2009 Ist Bail Application No.233 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Digamber Singh ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 25, 2009 ____________________________________________________________________ Arising out of Case Crime No.30/2008 Under Sections 302 and 201 of IPC P.S. Doiwala, District Dehradun ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. D.C.S. Rawat, Advocate for the applicant, Mr. M.A. Khan, Brief Holder for the State as well as Ms. Prabha Noliyal, Advocate for the complainant and perused the record. In brief, the prosecution story is that the deceased Smt. Choti Devi was murdered by the applicant, who was her nephew. It is further alleged that the accused/applicant was adopted as a son by the deceased and for her property the applicant had committed murder of Smt. Choti Devi. With the same averments, Surendra Singh Aswal, neighbour of the deceased, lodged the FIR at P.S. Doiwala, District Dehradun on 21.2.2008 at 09:15 PM. Learned counsel for the applicant has submitted that there is no direct or circumstantial evidence against the applicant and even no specific role has been assigned to him. The applicant has been falsely implicated in the aforesaid crime by the complainant due to enmity. Learned Brief Holder for the State, on the other hand, has submitted that there is direct allegation against the applicant. The applicant has committed murder of the deceased Smt. Choti Devi due to property. It is further submitted that on the pointing out of the accused/applicant, bloodstained Danda and clothes were recovered by the Investigating Officer. After considering all the facts and circumstances and hearing learned counsel for the parties and on perusal of the contents of FIR and the others papers available in file, the Court is of the view that the present applicant does not deserve bail at this stage. The bail application is accordingly rejected. (Dharam Veer, J.) 25.11.2009 RG