IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 26th September, 2008 Criminal First Bail Application No.624 of 2008 Order on the bail application of accused CRIMINAL SIDE Sayad Khalid Hussain @ Goldy S/o Sri Sajid Hussain R/o Ward No. 7 behind Boring Galli, P.S. Kichha, District U.S. Nagar. … Applicant Versus State of Uttarakhand … Opposite Party Arising out of case crime No./F.I.R No. 136 of 2008 Under Sections: 304/328 of I.P.C. P.S. Kichha. District U.S. Nagar. Hon’ble J.C. S. Rawat, J. Heard Mr. Tumul Nailwal, Advocate for the applicant, Mr. Nandan Arya, Assistant Government Advocate for the respondent-State and also perused the record. I have gone through the contents of the FIR. The main thrust of the learned counsel for the applicant is that Md. Hasib & Sayad Khalid Hussain @ Goldy are two different persons. This Court vide order dated 07.08.2008 directed the S.S.P, U.S. Nagar to ensure by all possible means the identity of the accused beyond any doubt. According to the learned counsel for the applicant, Md. Hasib and the present applicant- Sayad Khalid Hussain @ Goldy are two different persons. In the F.I.R, it is stated Md. Hasib @ Goldy as the accused whereas the present applicant is Sayad Khalid Hussain @ Goldy. To establish the identity that Goldy is known by the name of Sayad Khalid Hussain, the S.S.P, U.S. Nagar has filed a supplementary counter affidavit annexed with relevant papers i.e. annexure 1 to 13 including the statements of Pyara Singh, Baldev Singh and Naushad who have stated that Goldy is known by the name of Sayad Khalid Hussain-the present applicant. Paras 6 to 13 of the supplementary counter affidavit explain the identity of the present applicant who is the main accused in this case. I find that prima facie the prosecution has established the involvment of the present applicant in the alleged offence. The prosecution relied on the statements of Pyara Singh & Baldev Singh in which he has stated that on the date of the incident, the deceased-Subeg Singh visited the residence of the accused-applicant which is situated at Kichha. The deceased remained there inside the house of the accused- applicant for 20-25 minutes and thereafter, the deceased came out of the house and on the way to his destination, he felt uneasiness and later on he died. The viscera report also points out the presence of poison in the viscera. In the facts and circumstances of the case and considering the contentions of the learned counsel for the parties, I do not find any good ground for bail, hence the bail application of the applicant is hereby rejected. However, the observations made in this bail application will not in any way prejudice the learned trial court while deciding the trial of the applicant. Urgency application no. 2293/2008 is disposed of accordingly. (J.C.S.Rawat, J.) Dated 26.09.2008 V.K