IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Second Bail Application No.125 of 2011 Order on the Bail application of accused. CRIMINAL SIDE Girwar Agarwal @ Lala .…Applicant (In Jail) Versus State of Uttarakhand ……..Opposite Party Arising out of Case Crime No.55 of 2011 U/Ss 302/120-B I.P.C., Thana Kotdwar, District Pauri Garhwal Dated: December 27, 2011 Hon’ble Servesh Kumar Gupta , J. Heard Sri Pramod Tewari, Advocate for the applicant and Sri M.A.Khan, Brief Holder for the State. This is second bail application, moved on behalf of the applicant Girwar Agarwal. It is pertinent to mention here that the first bail application was rejected by the Court on 8.11.2011. Having heard learned counsel for the parties and perusal of the evidence available against the present accused, it appears that no new ground has been taken while moving the instant bail application, except that one of the accused Mukhi Ram, has also been released by this Court on bail. This Court has categorically stated in its previous order that the applicant Girwar Agarwal is the main perpetrator of the crime, notwithstanding he was not present at the spot, but he managed and organized the entire crime, as has been 2 unraveled in the investigation. This Court, vide its order- dated 8.11.2011, has mentioned, in detail, the grounds of rejection. Simply, for the reason that co-accused Mukhi Ram has been enlarged on bail by this Court, is not the consideration for accepting the second bail of this accused Girwar Agarwal by this Court. The instant second bail application is, accordingly, rejected. (Servesh Kumar Gupta, J.) December 27, 2011 Rajeev Dang