IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.1235 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Gurbendra Singh @ Papu S/o Pritam Singh R/o Vidawa Nagla, P.S. Bilaspur, District Rampur ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: April 8, 2010 ____________________________________________________________________ Arising out of Case Crime No.476 of 2009 Under Sections 302/323/325/504 of IPC P.S. Rudrapur, District U.S. Nagar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri R.P. Nautiyal, learned counsel for the applicant and Sri H.C Pandey and Sri A.D. Massey, learned counsel for the complainant as well as Sri Amit Bhatt, learned Additional Government Advocate for the State and also perused the record. In brief, the prosecution story is that there was some dispute with regard to shop between one Lucky and the co- accused Dr. Madan Lal Bathla. On 31.8.2009 a Panchayat was held to resolve the said dipute and thereafter at 10 PM Panchayat members went in the shop of Dr. Madan Bathla. Meanwhile, co-accused Dr. Madan Lal Bathla started beating Nirpal Singh and the present applicant/accused Gurbendra Singh @ Papu fired a shot on Mahendra Singh by two barrel gun due to which Mahendra Singh died on the spot. With the same averments, Jasvinder Singh, younger brother of deceased Mahendra Singh, lodged a report at P.S. Kotwali Rudrapur, District Udham Singh Nagar on the same day at 22:45 Hours. Learned counsel for the applicant/accused has argued that both the co-accused in this case have been released on bail and the present applicant is also entitled for bail on the basis of parity. Contrary to this, learned Addl. GA strongly opposed the bail of the applicant/accused and stated that the role of the present applicant/accused is different from other co-accused. He is named in the FIR and specific role has been assigned to him. Further, it has specifically been mentioned in the FIR that the applicant/accused caused injuries to Mahendra Singh with two barrel gun due to which Mahendra Singh died at the spot. The post-mortem report of the deceased also shows that the cause of death was shock and hemorrhage due to ante-mortem gun shot injuries. Thus, the contents of the FIR get corroboration from the post-mortem report. Learned Addl. GA further argued that the applicant/accused has long criminal history, which is as under:- 1. Case Crime No.29/99 u/Ss 323, 504, 506 of IPC, P.S. Vilaspur, District Rampur, U.P. 2. Case Crime No.1328/05 NSA, P.S. Vilaspur, District Rampur, U.P. 3. Case Crime No.83/05 u/s 302/307/130-B of IPC, P.S. Vilaspur, District Rampur, U.P. 4. Case Crime No.4527/07 u/Ss 147, 148, 149, 325, 341, 506 of IPC, P.S. Rudrapur, District Udham Singh Nagar. 5. Case Crime No.482/09 u/Ss 3/25/27 Arms Act 41/102. After considering all the facts and circumstances, perusing the contents of the FIR; post-mortem report and other papers available on record and considering the fact that the specific role has been assigned to the applicant/accused of causing injuries to Mahendra Singh by two barrel gun due to which Mahendra Singh died on the spot and also looking to the long criminal history of the applicant/accused, it is not a fit case where the applicant should be released on bail. Bail application is rejected accordingly. (Dharam Veer, J.) 08.04.2010 RG