HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 9th April, 2009 First Bail Application No. 1351 of 2007 Order on the bail application of the accused. Sushil Chaudhary S/o Surendra Singh …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.126 of 2007 U/s 302 I.P.C. Police Station Cantt. District Dehradun Hon’ble J. C. S. Rawat, J. Heard Mr. L.K. Tiwari, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; the fact that eye-account has been narrated against the accused/applicant by Hirdaya Ram, a witness; the fact that medical report also shows that there are fire arm injuries on the person of the deceased; perused affidavit, counter affidavit & documents filed by the parties; the co-accused Amardeep @ Roobi who has been granted bail was not nominated in the F.I.R.; the fact that bail was granted to co-accused only on the ground that his name has been disclosed by Sushil Chaudhary, co- accused; and in the facts and circumstances of the case, it is not a fit case for bail. Accordingly the bail application is rejected. (J.C.S. Rawat, J.) Dated 09.04.2009 Shiv