IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL II- Bail Application No. 1037/2006 Sanju Lal S/o Ram Gopal R/o Village Baleshwar, Patti Kemar, Tehsil Ghansali, District Tehri Garhwal …… Applicant Versus State of Uttaranchal …….. Respondent. Arising out of case crime No. 04/2006 U/S 302 I.P.C. Patwari Circle Chamiyala, Tehsil Ghanshali District Tehri Garhwal. Hon’ble B.C.Kandpal, J. The applicant has applied for bail in case crime No. 04/2006, U/S 302 I.P.C., Patwari Circle Chamiyala, Tehsil Ghanshali, District Tehri Garhwal. This is second bail application on behalf of Sanju Lal, as the first has been rejected by me vide order dated 21-8-2006. Sri Rajendra Kotiyal, Advocate, appearing on behalf of the applicant, has submitted before me that previously the case was being investigated by Patwari and during that investigation it came in the evidence that Trepan Singh was not the main accused and it was Sanju Lal, who hit the brick on the head of deceased Dev Singh, due to which he succumbed to injuries. He has further submitted that the case was subsequently handed over for investigation to the police and during the course of inquiry, it revealed that it was Trepan Singh, who hit on deceased Dev Singh with a brick on account of the same he succumbed to injuries. Sri Amit Bhatt, learned A.G.A. read the statements of eye witnesses Birendra Singh and Gajendra Singh, who have specifically deposed in their statement that it was Trepan Singh, who hit at the head of deceased Dev Singh with brick, due to which he died. 2 Keeping in view the change in the statements of the eye witnesses, as well as this fact that Trepan Singh has already been released on bail, I am of the view that the applicant Sanju Lal is also entitled to be released on bail at this stage. Accordingly the second bail application is allowed. Let the accused/applicant Sanju Lal be released on bail in case crime No. 04 of 2006, U/S 302 I.P.C., Patwari Circle Chamiyala, Tehsil Ghanshali, District Tehri Garhwal, on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. concerned. (B.C. Kandpal, J.) Dated: 23-11-2006 ISB