HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 18th September, 2009 2nd Bail Application No. 73 of 2009 Order on the bail application of the accused. Smt. Kumkum W/o Late Rajiv Kumar R/o Mansurpur, P.S. Swar Rampur District Rampur (U.P.) ……. Applicant Versus State of Uttarakhand …….. Opposite Party In F.I.R. No. 38 of 2009 U/s 420, 467, 468, 471, 120-B, 504 and 506 I.P.C. Police Station Rudrapur District Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Mrs. Pushpa Joshi, Advocate for the applicant; Mr. B.S. Parihar, Brief Holder for the State; and perused the record. It was pointed out that the co-accused Bhokan Lal Saini moved bail application to this Court and when he deposited the amount, this court directed to the trial court to re-consider his bail application without being influenced of the orders passed by this Court. Kumkum Rani has moved the bail application before the learned Sessions Judge when co-accused Bhokan Lal Saini was in jail and it is said that she had not deposited the amount till the disposal of her bail application. The 1st Bail Application of the applicant was rejected by this Court on 16/07/2009 and thereafter the applicant has moved the 2nd Bail Application on the ground that co-accused Bhokan Lal Saini has already been released on bail by the trial court. In these circumstances, it would be just and appropriate, if the applicant desires so, he may move fresh Bail Application before the learned Sessions Judge and the learned Sessions Judge after going through all the facts and circumstances of the case decide the matter afresh without being influenced by the order of this Court rejecting the 1st Bail Application as well as disposing of the 2nd Bail Application. The 2nd Bail Application is disposed of according. (J.C.S. Rawat, J.) Dated 18.09.2009 Shiv