IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Original Jurisdiction Dated: Nainital the 9th day of October, ,2002 Criminal Misc. Bail Application Number 1076 of 2002 Order on the Bail Application CRIMINAL SIDE Abdul Ghaffar son of Sri Ghulam Rasool, resident of village Baggha, 54, P.S. Khatima, District Udham Singh Nagar ……………… Applicant(s) Versus State of Uttaranchal. ……………….. Opposite Party. Arising out of- Case crime no 739 of 2001, Under Section 302 of IPC, P.S. Khatima, District Udham Singh Nagar By the Court Hon’ble Irshad Hussain, J. Heard learned counsel for the applicant and the learned 1 Government Advocate. Applicant-accused has wielded a gun in fatally assaulting the victim. The main argument was that as against the two shots fired fired, three firearm injuries have been shown in the postmortem report. One of the shots was fired on the forehead and at this stage injuries nos. 1 and 2 can be attributed to the first fire. Considering the totality of circumstances of the case, in my opinion it is not a fit case for bail. Rejected. (Irshad Hussain, J.) 09.10.02./B.