IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Ist Bail Application No.891 of 2010 Order on the Bail application of accused CRIMINAL SIDE Rafeeq ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of FIR No.238 of 2010, U/s 302 IPC, P.S. Bazpur, Distt. US Nagar Dated: October 5, 2010 Hon’ble Dharam Veer, J. Heard Sri Harshpal Sekhon, learned counsel for the applicant and Sri Amit Bhatt, learned Additional G.A. for the State. In brief the prosecution case is that the applicant committed the murder of his wife Nasroom and Rashid, when he saw them in objectionable condition in the night of 10.8.2010 at 11:30 PM. With the same averments the FIR was lodged by Chottey, brother of deceased Rashid, on 11.8.2010 at 2:50 AM at PS Bazpur, Distt. US Nagar. Learned counsel for the applicant submitted that he has been falsely implicated. On the contrary, learned Addl. GA for the State submitted that it is a case of double murder being committed by the applicant inside his house when he saw that his wife was involved in illegal relationship with deceased Rashid. Further, the weapon used in the crime i.e. the knife was also recovered from the possession of the applicant/accused. He further submitted that there is credible evidence collected by the I.O. during investigation that the applicant committed the double murder in his own house when he saw that his wife was involved in illegal relationship with the deceased Rashid and he saw them with his own eyes while in objectionable position. 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 the fact that it is a case of double 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. (Dharam Veer, J.) October 5, 2010 Rajeev Dang