IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of December 2009 IInd Bail Application No.96 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Gurmeet Singh @ Karan Singh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 18, 2009 ____________________________________________________________________ Arising out of Case Crime No.1797/2007 u/Ss 147, 148, 149, 302, 201/34 of IPC P.S. Gadarpur, District Udham Singh Nagar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Smt. Pushpa Joshi, learned counsel for the applicant as well as Sri M.A. Khan, learned brief holder for the State and also perused the record. This is the second bail application moved on behalf of the applicant. The first bail application was dismissed on merits by this Court vide order dated 19.9.2008. Learned counsel for the applicant submits before this Court that the evidence of prosecution witnesses have been recorded in the trial court after rejection of the bail application by the Sessions Judge as well as by this Court and none of them have supported the prosection story. Perusal of the record also reveals that the statements of prosecution witnesses have been recorded in the trial court after rejection of the bail application of the applicant. Considering the above, it would be just and proper for the applicant to move a bail application before the trial court on the basis of the evidence of prosecution witnesses and the trial court may consider all the facts and circumstances of this case and decide the bail application afresh. The bail application is disposed of accordingly. (Dharam Veer, J.) 18.12.2009 RG