IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 18th day of August, 2009 Bail Application No. 790 of 2009 Criminal Side Raju, S/o Nathi, R/o Village Braham Nagar, P.S. Kashipur, District Udham Singh Nagar …….Applicant Versus State of Uttarakhand .…..Opposite Party. Arising out of Crime No. 565 of 2008, Under Section: 302 I.P.C., P.S.: Kashipur, District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Heard Ms. Pushpa Joshi, learned counsel for the applicant and Mr. B.S. Parihar, learned Brief Holder for the State. Applicant- Raju, who is in jail in connection with Crime No. 565 of 2008, relating to offence punishable under Section 302 I.P.C., P.S. Kashipur, District Udham Singh Nagar, has sought his release on bail. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the crime. The First Information Report shows that it is a day light incident, in which specific role has been assigned to the applicant-Raju. There are eyewitnesses of commission of crime. The postmortem report also corroborates the prosecution story. Having considered the submissions of learned counsel for the parties, without expressing any opinion as to the final merits of the case, this Court is of the view that it is not a fit case for bail. The bail application is rejected. (Prafulla C. Pant, J.) Dt.18.08.2009 NS