IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.1199 of 2009 Order on the Bail application of accused CRIMINAL SIDE 1. Ikhlakh 2. Tehsil ……….Applicants (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.276 of 2009, U/s 302/34/120-B/404 IPC, P.S. Kotwali Jwalapur, Distt. U.S. Nagar Dated: March 17, 2010 Hon’ble Dharam Veer, J. Heard Sri K.S. Verma, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is that on 18.8.2009, the police of Jwalapur received telephonic information from the complainant Ravish Chand Aggarwal that dead bodies of Vijay Kumar Chauhan and Shashi Kala are lying in their house and they have been murdered by someone. On the basis of this information, FIR was lodged against unknown persons. Learned counsel for the applicant argued that the case rests upon the circumstantial evidence and the prosecution, during investigation, has not collected sufficient evidence to connect the present applicants with the aforesaid crime. Per contra, learned Brief Holder submitted that the deceased Vijay Chauhan was an old man of millionaire and he married second time in old age with Retired Colonel Shashi Bala for the reason that his first wife, who was a Christian, had died. From the first wife, Stainal Singh was born and the deceased Vijay Chauhan used to give him Rs.4,000/- per month for his monthly expenses. Stainal Singh had formulated a plan to murder his father and stepmother in order to grab the property and money of his father for the reason that he was not getting the sufficient money in order to maintain himself. In order to fulfill his ulterior motive, he gave contract to kill his father and step mother in Rs.25.00 lacs to Sita Ram, who sub-contracted Rajesh Kumar for Rs.15.00 lacs. Rajesh further sub-contracted the above- said work of committing murder of deceased persons to Farrukh in Rs.4.00 lacs, who along with his accomplice Ikhlakh and Tehsil (present applicants) committed the above-said murders of Vijay Singh Chauhan and Shashi Bala in their house. From the possession of co-accused Ikhlakh, a NOKIA phone was recovered which belonged to deceased Vijay Singh Chauhan while from the possession of co-accused Tehsil, a ladies wristwatch belonging to deceased Smt. Shashi Kala, was recovered. In the counter affidavit filed by State, it is stated that during investigation, the I.O. recorded the statements of last seen witness Sajid as well as that of other witnesses and on the basis of those statements, the applicants-accused are well connected with the commission of the aforesaid crime. It was further argued by the State Counsel that in the post-mortem report also, cause of death is shown asphyxia due to strangulation. He further submitted that the chain of the circumstances is complete to connect the applicants- accused with the aforesaid crime. After considering the above-said facts and circumstances, on hearing learned counsel for the parties, contents of the FIR, perusal of the counter affidavit and other papers available on record, it is not a fit case where the applicants are entitled for bail. The bail application is liable to be rejected and is accordingly rejected. (Dharam Veer, J.) 17.03.2010 Rajeev Dang