1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICATION Dated: Nainital: the 15th day of March, 2010 Ist Bail Application No. 527 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Jarif ………….. Applicant (In Jail) Versus State of Uttarakhand ………. Opposite Party _______________________________________________________________ Arising out of Case Crime No. 05/2009 U/s 302,201,120-B IPC, Patti Pandey Gaon, District Nainital. _______________________________________________________________ June 15, 2010 HON’BLE DHARAM VEER, J. Mr. Abdul Wahid, Advocate for the applicant. Mr. Amit Bhatt, Addl. GA for the State. Heard. Learned Counsel for the accused applicant submitted that the applicant has been falsely implicated in this case. Contrary to this, learned Addl. GA for the State while opposing the bail application of the accused applicant argued that it is a double murder case in which Smt. Rambeti and her mother Smt. Sunahari Devi have been murdered in brutal manner when they were going in the car of complainant Naresh Kumar and the said car was being driven by the accused applicant. Their dead bodies were found in the said car and the dead bodies were also tried to be burnt in order to destroy the evidence of murder but the people collected on the road near Salluri village and dead bodies were recovered in half burnt condition form the said car. Learned Counsel for the accused applicant argued that co-accused Naresh Kumar has been granted bail and the applicant is also entitled for bail on the basis of parity. But I do not find any ground of parity as the applicant is the main accused and the I.O. has 2 collected sufficient credible evidence to prove his involvement in the said crime. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR, recovery memo, post mortem reports and other papers available on record and in view of the facts and circumstances of the case, the Court is of the view that a prima facie case is made out against the accused applicant and credible evidence has been collected by the I.O. to prove the involvement of accused applicant in the said crime and after the investigation chargesheet has also been filed. Applicant is the main accused and he was carrying the deceased on the date of incident in the said car and the dead bodies were also recovered from the same car which was being driven by the accused applicant. Hence, keeping in view the aforesaid facts and circumstances ant the seriousness and gravity of the offence, I do not find any ground to release the accused applicant on bail. The bail application is accordingly rejected. (Dharam Veem,J.) 15.06.2010 PRABODH