IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.1062 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Jeet Singh S/o Late Nanhu Singh ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Case Crime No.226/09 U/S 304 IPC, P.S. Rudrapur, District U.S. Nagar Dated: December 1, 2009 Hon’ble Dharam Veer, J. Heard Mr. Deepak Sharma, Adv. for the applicant and Mr. Amit Bhatt, learned Addl. GA for the State. Learned counsel for the applicant submitted that he is not named in the FIR. On the other hand, learned Addl. GA drawn attention of the Court towards the dying declaration of the deceased Vijendra Singh recorded by Naib Tehsildar on 7.5.2009 in the presence of the doctor where the doctor has certified that the victim was in full senses to give his statement. In the dying declaration, the deceased stated that: - “iz'u % & rqEgsa vkx dSls yxh A mRrj%& eq>s vkx esjs lxs NksVs HkkbZ ftldk uke thrw gS] mlus vkx yxkbZ vkSj esjh enj us mldk lg;ksx fd;k iz”u%& vkx dgka yxk;h vkSj fdlus yxk;h A mRrj%& vkx eq>s esjs ?kj ij yxkbZ xbZ] esjs dks vkx feV~Vh rsy Mkydj yxkbZ] esjs lkFk esjh vkSjr Fkh tks Mj ds ekjs Hkkx xbZ FkhA] HkkbZ us vkx yxkdj ckgj ls njoktk cUn dj fn;k FkkA eSa ph[kk rks esjh vkokt lqudj eksgYys okyksa us cpk;k] eq>s gks”k ugha Fkh fd eq>s cpkus dkSu&dkSu vk;s FksA HkkbZ ls esjk rhu lky igys ls >xM+k py jgk gSA esjk HkkbZ dgrk gS fd edku esjk gS eSa rqedks csn[ky d:axkA” A perusal of the aforesaid statement makes it crystal clear that the applicant Jeet Singh @ Jeetu had set the deceased Vijendra Singh at fire on 7.5.2009 and after that he locked the door from outside as a result of which Vijendra Singh received serious burn injuries and ultimately he succumbed to his injuries on 20.5.2009. Learned Addl. GA further argued that the specific allegation has been made against the applicant in the dying declaration. Even as per the post-mortem report, it is stated that the deceased Vijenda Singh had died due to the burn injuries and the applicant is the only person who set the deceased at fire and specific allegation is there against the applicant. After considering all the facts and circumstances of the case, on perusing the averments made in the dying declaration as well as on consideration of the post-mortem report, specific allegations have been made against the applicant. Therefore, in view of these facts and circumstances of the case, the applicant does not deserve bail at this stage. The bail application is accordingly rejected. (Dharam Veer, J.) 01.12.2009 Rajeev Dang