IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION IInd Bail Application No.73 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Lakhan Singh S/o Ram Kunwar Singh R/o Pataria, Kasba Patwai, District Rampur, (U.P.) ...….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: June 29, 2010 Arising out of F.I.R. No.344 of 2009 under Section 302 of IPC P.S. Bajpur, District U.S. Nagar Hon’ble Dharam Veer, J. This is the second bail application moved on behalf of the applicant. First bail application was dismissed on merits vide order dated 23.3.2010 passed by this Court. Heard Mr. Lalit Sharma, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. The new ground argued by learned counsel for the applicant in this bail application is that the prosecution has examined the eyewitnesses of the case in the trial court, namely, Mandeep Kaur, wife of the deceased as P.W.1 and Kamaljeet Kaur, mother-in-law of the deceased as P.W.2. None of them have supported the prosecution case and they have been declared hostile. The statements of above-named witnesses have been annexed as Annexure No.6 and Annexure No.7 with this bail application. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of FIR as well as on perusal of the statement of Mandeep Kaur (P.W.1) and Kamaljeet Kaur (P.W.2) recorded in the trial court, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Lakhan Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. The bail application is allowed accordingly. (Dharam Veer, J.) 29.06.2010 RG