HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 15th April, 2009 2nd Bail Application No. 25 of 2009 Order on the bail application of the accused. Chandra Pal S/o Sri Chotte Lal …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.73 of 2008 U/s 452 and 307 I.P.C. Police Station Kunda (Jaspur) District Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Mrs. Pushpa Joshi, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. This is the 2nd Bail Application moved by the accused/applicant. The 1st Bail Application No.332 of 2008 was dismissed by this Court. It was contended by the learned counsel for the applicant that statements of some of the witnesses have been recorded by the trial court and these witnesses have not supported the version of the F.I.R., as such, the applicant is entitled to get the bail. It would be just and proper to direct the applicant to move a fresh bail application before the learned trial court and the learned trial court would hear the bail application of the applicant afresh in the light of the evidence recorded by it and would decide the bail application in accordance with the law. The trial court would not be influenced by the fact that earlier bail application of the applicant has been rejected by this court and 2nd bail application has been disposed of by this Court. The 2nd bail application is disposed of accordingly. (J.C.S. Rawat, J.) Dated 15.04.2009 Shiv