IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION 1st Bail Application No. 840 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Deep Chandra Joshi .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of FIR No. 15/2010 (Sessions Trial No. 102/2010) U/s 376 IPC, PS Kichha, District Udham Singh Nagar. ___________________________________________________________________ September 10, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Lokendra Singh, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant submitted that all the prosecution witnesses examined before the trial court, namely, PW1 Maisar Ali, PW2 Akeel Ahmad, PW3 Anwar Ali, PW4 Bali Shah and PW5 Parvej have not supported the prosecution case and they have been declared hostile. He further submitted that co-accused Nanhe Lal has been granted bail by this Court and the applicant accused is also entitled for bail on the basis of parity. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR; statements of the aforesaid prosecution witnesses and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Deep Chandra Joshi be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Udham Singh Nagar. Bail application is allowed accordingly. (Dharam Veer, J.) 10.9.2010 PRABODH