IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL IST BAIL APPLICATION NO.797 OF 2010 Order on the Bail application of accused. CRIMINAL SIDE Bal Bahadur Thapa S/o Kisan Kumar Thapa, R/o Village Phagpur, Thana Banbasa, District Champawat ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: August 28, 2010 ____________________________________________________________________ Arising out of Case Crime No.653 of 2010, Under Section 302 IPC r/w Section 3(2)(v) SC/ST Act, P.S. Banbasa, District Champawat ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. BS Adhkari, Advocate for the applicant as well as Mr. Amit Bhatt, Additional Government Advocate for the State and also perused the record. Learned counsel for the applicant submitted that he has been falsely implicated. However on the contrary, learned Addl. GA submitted that on 11.5.2010 at about 5 AM, the applicant/accused had caused injuries to Sunil Kumar by a spade and while committing the above-said crime, the applicant was also hurling abuses to the injured. Immediately, the injured was taken to Tanakpur, from where he was referred to Khatima; from there he was referred for Dr. Mahesh Chandra Hospital, Pilibhit and from there he was further referred to Trauma Centre, Lucknow but ultimately he died on 13.5.2010 at about 5:30 due to the injuries caused by the present applicant with a spade. He further submitted that the medical evidence also corroborates the averments made in the FIR and the applicant is the only person who caused injuries to Sunil with a spade which resulted into his death. After considering the above-said facts and circumstances, on hearing learned counsel for the parties, contents of the FIR and other papers available on record particularly the fact that the applicant had caused injuries to the injured with a spade which resulted into his death and he also uttered caste indicated words, it is not a fit case where the applicant is entitled for bail. Bail application is rejected accordingly. Rejected. (Dharam Veer, J.) 28.08.2010 Rdang