HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 7th May, 2009 2nd Bail Application No. 7 of 2009 Order on the bail application of the accused. Jarif Khan S/o Sri Sakeel Khan …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.189 of 2008 U/s 489-B, 789-C I.P.C. Police Station Tanakpur District Champawat Hon’ble J. C. S. Rawat, J. Heard Mrs. Pushpa Joshi, Advocate for the applicant; Mr. Amit Bhatt, Addl. 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.257 of 2008 was rejected by Hon’ble the Chief Justice on 02.07.2008. Thereafter the matter was listed before Hon’ble the Chief Justice and it was directed by the Chief Justice that the matter shall be heard by the Regular Bench. It was contended by the learned counsel for the applicant that statement 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 1st 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. Dated 07.05.2009 Shiv (J.C.S. Rawat, J.)