IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Second Bail Application No.49 of 2010 Order on the Bail application of accused CRIMINAL SIDE Wazeer Khan S/o Nafees Khan R/o Mohalla Malanpura Kasba & Thana Mangalore District Haridwar ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of Case Crime No.25 of 2007, U/s 302/201 IPC, P.S. Manglore, District Haridwar Dated: May 20, 2010 Hon’ble Dharam Veer, J. This is second bail application. The first one was dismissed for want of prosecution on 8.12.2009. Heard Mohd. Safdar, learned counsel for the applicant and Sri Amit Bhatt, learned Additional G.A. for the State. In brief the prosecution case is that Mohd. Hayat had informed the police on telephone that in Mohalla Malanpura, wife of the present applicant has been murdered and her dead body was lying there. On the basis of that information, an FIR was lodged in the police station u/s 302/201 IPC. Thereafter, Nazakat Khan (brother of deceased) also moved an application in the police stating alleging the certain allegations of murder against the present applicant. Learned counsel for the applicant submitted that he has been falsely implicated. On the contrary, learned Addl. GA. argued that after the investigation, the police submitted the charge sheet u/s 304-B against the applicant and 3/4 Dowry Prohibition Act and before the trial court, as many as eight witnesses have been examined and all the witnesses have supported the prosecution story. He further stated that PW5 Dr. Mange Ram, Senior Pathologist, who conducted the post-mortem on the dead body, has found as many as 17 ante-mortem injuries. He further submitted that the applicant-accused has committed the brutal murder of his wife. 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 and also considering the gravity of the offence as well as the fact that as many as 17 ante-mortem injuries were found in her dead body and it is a brutal murder, it is not a fit case where the applicant is entitled for bail. The bail application is liable to be rejected and is accordingly rejected. 20.05.2010 Rajeev Dang (Dharam Veer, J.)