HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 29th April, 2008 1st Bail Application No. 332 of 2008 Order on the bail application of the accused. CRIMINAL SIDE Chandra Pal S/o Sri Chotte Lal R/o Village Kaliyawala Thana Jaspur District Udham Singh Nagar …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.73 of 2008 U/s 452 and 307 I.P.C. Police Station Kunda (Jaspur) District – Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Sri Jitendra Chaudhary, Advocate for the applicant; Sri Nandan Arya, learned A.G.A. for the state; and perused the record. According to the prosecution versions, the accused/applicant entered into the house of complainant with the intention to kill his brother Attar Singh on 18/01/2008 in the mid night at about 12:30 p.m. The accused/applicant fired upon the complainant party to kill them. Attar Singh sustained the injuries as indicated in the medical report dated 18/01/2008. The applicant was arrested at the spot and he was handed over to the police alongwith country made pistol 315 Bore. The learned counsel for the applicant contended that the injuries are simple, superficial and are not on the vital part of the body. Learned A.G.A. refuted the contention and contended that the intention of the accused/applicant has to be seen. There was no enmity of the accused/applicant with the complainant party. It was pointed out that the applicant was arrested at the spot in the mid night and he was handed over to the police alongwith country made pistol. Learned A.G.A. further contended that the injuries are consequence of the intention of the accused/applicant. His intention can be inferred from entering into the house in the mid night and firing upon Attar Singh. Even though, the injured have not sustained the injuries on the vital part, it does not make any difference. Considering the facts and circumstance of the case in totality, it is not a fit case for bail. Accordingly, the bail application is rejected. (J.C.S. Rawat, J.) Dated 29.04.2008 Shiv