IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 07th day of March 2006 Criminal Misc. Bail Application No.116 of 2006 Order on the bail application of accused CRIMINAL SIDE Daljeet Singh @ Dillu S/o Gurbachan Singh @ Mulla R/o Cheema Farm Puswara Ramnagar P.S. Bazpur District U.S. Nagar …….Applicant Versus State of Uttaranchal ……..Opposite Party Arising out of case crime No.2531 of 2005 U/s 328/302 I.P.C. P.S. Bazpur District – U.S. Nagar Hon'ble J. C. S. Rawat, J. Heard Sri Dharam Veer learned senior counsel for the applicant and learned A.G.A. for the State. Perused the record. There is on record that the deceased stated before Radhey Shyam and Pala Ram immediately after the incident that the applicant-accused has administered poison to him. Other evidence which is against the applicant is the statement of the deceased recorded under section 161 Cr.P.C. Learned A.G.A. has submitted that the said statement can be treated as dying declaration. It has been alleged in para 19 of the counter affidavit that the dying declaration of the deceased could not be recorded by the doctor because the deceased was not in a fit state of mind and in a critical stage in the Sushila Tewari Memorial Forest Hospital, Haldwani. Learned counsel for the applicant contended that if the deceased was not in a fit state of mind to give the dying declaration, then how the statement under section 161 Cr.P.C. was recorded by the I.O. It was further contended that evidence of Radhey Shyam and Pala Ram cannot be relied upon. Considering the facts and circumstances of the case, it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the C.J.M. concerned. (J.C.S. Rawat, J.) Dated 07.03.2006 LSR