IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 23rd day of March, 2010 Ist Bail Application No. 58 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Lakhan Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of FIR No. 344/2009, U/s 302 IPC, PS Bajpur, District Udham Singh Nagar. March 23, 2010 HON’BLE DHARAM VEER, J. Mr. Lalit Sharma, Advocate for the applicant. Mr. Amit Bhatt, Addl. GA for the State. Rejoinder affidavit filed on behalf of the applicant is taken on record. Heard on the bail application of the accused applicant. In brief, the prosecution case is that Bablu Mittal lodged an FIR on 15.10.2009 with PS Bajpur with the averments that his brother Abhishek Mittal was living at Bajpur, who got married to Mandeep Kaur five years ago. After the marriage, his brother Abhishek Mittal along with his wife Mandeep Kaur and mother-in-law Kamaljeet Kaur started living in the house of the accused applicant Lakhan Singh at Kasba Patwai, District Rampur, where the accused appellant developed illicit relationship with Mandeep Kaur. Thereafter accused applicant beaten his brother Abhishek Mittal and ousted him from his house. Thereafter his deceased brother started living in the house of his mother-in-law at Bajpur. About five months ago, his brother somehow managed to bring his wife Mandeep Kaur at Bajpur and they started living together at Bajpur along with mother-in-law Kamaljeet Kaur. But the accused applicant used to visit Mandeep Kaur at Bajpur. In the night of 1.8.2009, the accused applicant had beaten the brother of the complainant and the relatives of his wife and also held out a threat for life. The complainant further alleged that yesterday i.e. on 14.10.2009 he received a telephonic information at 8.30 pm that his brother Abhishek Mittal was shot dead. It is 2 also alleged that his brother has been killed on account of enmity. Learned Counsel for the accused applicant argued that the applicant is an innocent person and he has falsely been implicated in this case on the basis of doubt. Per contra, learned Additional GA for the State while opposing the bail application of the accused applicant argued that Kalyan Singh, a neighbourer of the deceased Abhishek Mittal, in his statement under Section 161 CrPC as well the statement of the complainant Bablu Mittal and Mandeep Kaur, the wife of the deceased have also corroborated the averments made in the FIR. He further submitted that applicant has got long criminal history and the following cases have been registered against him, which are reproduced as under: (i) Case Crime No. 3/7 EC Act, PS Patwai. (ii) Case Crime No. 182A/01 u/s 147, 148, 149, 323, 504, 506 IPC, PS Patwai. (iii) Case Crime No. 160/04 u/s 147, 148, 504, 506, 307 IPC, PS Patwai. (iv) Case Crime No. 56/05 u/s 363, 366, 506 IPC and 3(1) of SC/ST Act, PS Patwai. (v) Case Crime No. 307/05 u/s 10 Gangsters Act, PS Patwai. (vi) Case Crime No. 982/09 u/s 4/25 Arms Act, PS Milakhanam. (vii) Case Crime No. 379/09 u/s 25 Arms Act, PS Bajpur. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR; statements of the complainant, wife of the deceased and one Kalyan Singh and other papers available on record and looking to the long history of the accused applicant, the Court is of the view that no case for bail is made out. Bail application is rejected accordingly. (Dharam Veer, J.) 23.3.2010 PRABODH