IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 12th day of August, 2010 First Bail Application No.680 of 2010 Criminal Side Sardara S/o Ragbeer R/o Village Karanpur P.S. Khanpur District Haridwar ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Respondent Arising out of Case Crime No. 129 of 2009 Under Section: 302, 504, 506/34 I.P.C. P.S. Kotwali Laksar District: Haridwar - Hon’blePrafulla C.Pant,J. Smt. Pushpa Joshi, Advocate, present for the applicant. Shri M.A. Khan, Brief Holder, present for the State. Applicant- Sardara, who is in jail in connection with Crime No. 129 of 2009, relating to offences punishable under section 302, 504, 506/34 I.P.C., P.S. -2- Kotwali Laksar, District Haridwar, has sought his release on bail. Heard learned counsel for the parties. Learned counsel for the applicant submitted that during trial, P.W.1 Mahaveer Singh has supported prosecution story in his examination in chief but in cross-examination he has stated that he was away from the spot when Jaiveer was shot dead. It is further pointed out that P.W.2 Anchal Kumar, and P.W.5 Sudhir Kumar have not supported prosecution story and already turned hostile. P.W. 4 Omveer is a formal witness and he too is declared hostile. Having considered submissions of learned counsel for the applicant, in the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Sardara, be released on bail on executing personal bond and furnishing two sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Haridwar. Dt.12.08.2010 Parul (Prafulla C. Pant, J.)