IN THE HIGH COURT OF UTTARAHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 22nd October, 2008 Criminal Bail Application No. 375 of 2008 Order on the bail application of accused CRIMINAL SIDE Ramesh Giri S/o Rodha Giri …Applicant Versus State of Uttarakhand …Opposite Party AND Criminal Bail Application No.377 of 2008 Arun Giri S/o Bhushan Giri … Applicant Versus State of Uttarakhand …. Opposite Party Arising out of case crime No.429 of 2007 Under Sections 147, 148, 149, 307 & 302 I.P.C. P.S. Kotwali Manglore District Haridwar ________________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Mr. A.V. Pundir, learned counsel for the applicants and Mr. Nandan Arya, A.G.A. for the State. It was pointed out by learned counsel for the applicants that three alleged eye-witnesses of the incident have been declared hostile by the prosecution during the pendency of the present bail applications. Considering this, it would be just and proper to direct the applicants-accused to move their bail applications before the trial court and the trial court may also consider their bail applications on the ground of hostility of the eye-witnesses produced by the prosecution. Learned counsel for the applicants submits that the applicants could not move their bail applications before the trial court as their applications were pending before this Court. In view of the above fact, the bail applications are disposed of with the directions that the applicants shall move fresh bail applications before the trial court on the ground that the eye-witnesses of the incident have been declared hostile by the prosecution. (J.C.S. Rawat, J.) Dated 22.10.2008 LSR