IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of March, 2010 Ist Bail Application No. 111 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Intezar .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 369/2009, U/s 394 IPC, PS Kotwali Roorkee, District Haridwar. _______________________________________________________________ March 10, 2010 HON’BLE DHARAM VEER, J. Mr. Manish Arora, Advocate for the applicant. Mr. M.A. Khan, Brief Holder for the State. Heard. In brief, the prosecution case is that on 26.8.2009 at about 9.15 pm, when Ashish Verma was coming to his house along with his wife Meenakshi Verma and son Uday from roadways bus stand, Roorkee on a rickshaw, the appellant accused along with another co-accused came across to them in the way on a motorbike and tried to snatch the chain from Meenakshi Verma. The complainant Ashish Verma and the rickshaw puller resisted them and raised the alarm. On this, the accused applicant, who was a pillion rider, caused injuries to Meenakshi Verma with a knife while another co-accused shot in the air in order to threaten the complainant and his family and escaped from the place of occurrence, but they could not snatch the chain. With these averments, an FIR was lodged with PS Roorkee on 27.8.2009 at 9.20 am. Learned Counsel for the accused applicant argued that the applicant has been falsely implicated in the case. Contrary to this, learned Brief Holder for the State submitted that the accused applicant is a habitual offender of such type of cases and as many as 8 cases have been previously registered against him, which are produced as below: (i) Case Crime No. 705/2009 u/s 364A/384 IPC, PS Purkaji, District Muzzafarnagar; (ii) Case Crime No. 50/2008 u/s 2/3 Gangster Act, PS Purkaji, District Muzzafarnagar; (iii) Case Crime No. 707/2007 u/s 147/148/149/307 IPC, PS Purkaji, District Muzzafarnagar; (iv) Case Crime No. 710/2007 u/s 25/4 Arms Act, PS Purkaji, District Muzzafarnagar; (v) Case Crime No. 352/2009 u/s 392/411 IPC, PS Kotwali Maglore, District Haridwar; (vi) Case Crime No. 257/2009 u/s 395/412 IPC PS Laksar; (vii) Case Crime No. 270/2009 u/s 25/4 Arms Act, PS Laksar; (viii) Case Crime No. 481/2009 u/s 392 IPC, PS Gangnahar. Learned Brief Holder for the State also submitted that in the said incident, Meenakshi Verma has received knife blows in her stomach. Medical report of Meenakshi Verma has also been annexed as Annexure No. 5 to the counter affidavit. Perusal of the contents of the FIR indicates that when the accused applicant failed in his attempt to snatch the chain from Meenakshi Verma, he gave knife blows in her stomach and thus injured her. The said incident happened in the heart of the city in a densely occupied area. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR read with the medical report of Meenakshi Verma & other papers available on record; looking to the previous criminal history of the accused applicant as stated above and in view of the facts and circumstances of the case, the Court is of the view that this is not a fit case for bail. Bail application is rejected accordingly. (Dharam Veer, J.) 10.3.2010 PRABODH 2