IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.524 of 2010 Order on the Bail application of accused CRIMINAL SIDE 1. Narendra Singh S/o Samay Singh 2. Pushpendra Singh S/o Narendra Singh Both R/o Village Rampur, P.S. Kotwali Gangnahar, Roorkee, District Haridwar ……….Applicants (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of Case Crime No.117 of 2008, U/s 147/148/149/452/323/302/307/506 IPC, P.S. Kotwali Gangnahar Roorkee, Distt. Haridwar Dated: May 20, 2010 Hon’ble Dharam Veer, J. Heard Mr. Sandeep Tandon, Advocate for the applicant and Mr. Amit Bhatt, learned Addl. G.A. for the State. Learned counsel for the applicants submitted that as per the prosecution case, on 8.5.2008, the applicants along with co-accused Manoj, Shivpal, Jaipal and Pratap had caused injuries, being armed with the weapons as shown in the FIR in their hands, to Dheer Singh, Vikram Singh, Smt. Rajbala, Himanshu, Surjeet Singh, Abhijeet Singh, Amit Singh and Kanwar Singh and as a result of those injuries, Himanshu had died. With the same averments, the FIR was lodged by Vikram Singh on 8.5.2008 at 7:30 PM. Learned counsel for the applicant submitted that the prosecution has examined the above-said injured witnesses as Dheer Singh (PW5), Vikram Singh (PW1), Smt. Rajbala (PW17), Surjeet Singh (PW6), Abhijeet Singh (PW12), Amit Singh (PW10) and Kanwar Singh as well as other witnesses, namely, Julfkar (PW3), Padam Singh (PW18) and Ashok Kumar as PW2. However, none of these witnesses has supported the prosecution case and all of them have been declared hostile against the present applicants. Further, these witnesses have given the evidence only against the co-accused Jaipal, Shivpal and Pratap. Further, the prosecution evidence on the fact has been completed and all of the injured witnesses and the eyewitnesses have been examined in the trial court and their statements have also been annexed with the present bail application and they have been declared hostile against the present applicants. Further, for the injured witness Kanwar Singh, a statement has been given at bar by the counsel for the applicant that he too has been declared hostile in the trial court against the applicants. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicants deserve bail at this stage. Let the applicants, Narendra Singh and Pushpendra Singh, be released on bail on each of their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Haridwar. Bail application is allowed accordingly. 20.05.2010 Rajeev Dang (Dharam Veer, J.)