IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION IIIrd Bail Application No.04 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Radhe Shyam @ Babu ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: 8th March, 2010 ____________________________________________________________________ Arising out of F.I.R. No.09 of 2009 Under Section 302/34 of IPC P.S.Kichha, District Udham Singh Nagar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri A.S. Gill, Advocate for the applicant as well as Sri Nandan Arya, AGA for the State and perused the record. This is third bail application, moved on behalf of the applicant. The first bail application was rejected on merits on 23.7.2009. The second bail application was dismissed as withdrawn on 24.12.2009. New ground argued by learned counsel for the applicant in this bail application is that after the bail rejection of the present applicant, co-accused with similar role, namely, Laxman Singh, Manjeet Singh @ Chima @ Pintu, Rajpal and Gaurav Agarwal, have been granted bail by this Court vide orders dated 22.1.2010, 4.2.2010, 18.1.2010 and 25.2.2010, respectively. He further argued that the present applicant is also entitled for bail on the basis of parity. In the circumstances, in view of the above development, without expressing any opinion as to the final merits of the case, this Court is of view that the applicant deserves bail at this Stage. Let the applicant-Radhe Shyam @ Babu be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) 08.03.2010 RG