JUDGMENT Hon'ble Ravi Malimath, A.C.J. This application (CRMA No. 3799 of 2020) is filed seeking for a short-term bail on medical grounds. During the course of the proceedings, a report was called from the concerned jail authorities. The report has been furnished. It is indicated in the report as follows: To, The Senior Superintendent, Sub-Jail, Haldwani. Sub- Regarding the medical condition of Undertrial Sukhdev Singh aged about 35 years/ male S/O Bhood Singh. Sir, This is to inform you about the medical condition of Undertrial Sukhdev Singh, aged about 35 years / male S/O Bhood Singh. Pt. is known case of CTV (+) and external auditory canal mass with stylalgia or glossopharyngeal neuralgia. At present, patient condition is stable with treatment as per advised of AIIMS, Rishikesh, Uttarakhand. All his vitals are under normal limits. Thanking You 21.11.2020 Medical Officer Sub Jail, Haldwani, (Nainital) 2. In view of the medical report, a short-term bail cannot be granted to the applicant, since all his vitals are normal. Hence, the short-term bail application is dismissed. 3. The case of the prosecution in brief is that on 03.05.2018, a FIR was lodged by Mohd.Khalid at Police Station Kichha, District Udham Singh Nagar against five accused and six to seven unnamed persons. It was alleged that the applicant and his brother-Sameer Ahmad were engaged in a property dealing with Mohd. Arif. Mohd. Arif misappropriated Rs. 40 lacs and evenafter request, he did not repay the same. On 23.04.2018, Mohd. Arif, Mujeeb Malik, Afsar Ali, Mohd. Ali Kamran and Mazid Malik gave life threats to the complainant and others. On 23.04.2018, the accused came in a SUV and called upon the complainant and his brother to leave Transport Nagar, otherwise they will be killed in lieu of contract of killing given in advance. On 03.05.2018, while the complainant and his two brothers were standing near a hotel, two motorcycle riders fired upon them, as a result of which, Sameer sustained gunshot injuries and succumbed to such injuries. The FIR was registered as FIR No. 153 of 2018 for the offences punishable under Sections 147, 148, 149, 307 and 302 of the IPC. Investigation was taken up. The accused were arrested. The applicant sought for bail before the Sessions Judge, Udham Singh Nagar, but the same was rejected on 12.10.2018. Hence, this petition. 4. The FIR was registered as FIR No. 153 of 2018 for the offences punishable under Sections 147, 148, 149, 307 and 302 of the IPC. Investigation was taken up. The accused were arrested. The applicant sought for bail before the Sessions Judge, Udham Singh Nagar, but the same was rejected on 12.10.2018. Hence, this petition. 4. The learned counsel for the applicant contends that the main accused were exonerated; he has been falsely implicated; and he has no role in the crime as alleged by the prosecution. The same is disputed by Shri J.S. Virk, learned deputy advocate general for the State of Uttarakhand. 5. On hearing learned counsels, I' am of the considered view that there is no merit in this application. There are two eye-witnesses to the incident, who have seen the applicant commit the offence. There are gunshot injuries said to have been fired by the applicant. The deceased has succumbed to the injuries. The contentions of the applicant are based on material and evidence which can only be appreciated at the stage of trial. Hence, on the basis of these material, the applicant is not entitled to be enlarged on bail. Hence, the bail application (BA1 No. 1044 of 2019) is also dismissed.