IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital : the 10th day of November, 2008 Second Bail Application No. 845 of 2008 Order on the bail application: CRIMINAL SIDE Sanjay Agarwal … Applicant / Petitioner Versus State of Uttarakhand … Opposite Party Arising out of Case Crime No. 31 of 2008 Under Sections: 302 I.P.C. Police Station: Jwalapur District: Haridwar Hon’ble V.K. GUPTA, C. J. Mr. Navneet Kaushik, Advocate for the petitioner. Mr. Harish Pujari, Additional Government Advocate for the State. 2. After hearing the detailed arguments of the learned counsel for the petitioner as well as the learned Additional Government Advocate and upon perusal of various documents accompanying this petition as well as the order dated 19.06.2008 passed by the learned Incharge, Sessions Judge, Haridwar rejecting the bail application of the petitioner, I find that this is not a fit case where the petitioner can be enlarged on bail at this stage. The material on record is such that the petitioner’s prayer for being enlarged on bail cannot be accepted at this stage. 3. However, I direct the prosecution to ensure that it takes all possible steps for very very expeditious conclusion of the trial. I also accordingly direct the learned Trial Court to ensure that it also takes all steps in the aforesaid direction. The prosecution shall produce all the main prosecution witnesses without any delay whatsoever. After the main prosecution witnesses are examined, it shall be open to the petitioner to apply again for bail and at that stage, the learned Trial Court shall consider the fresh Bail Application in the light of the evidence adduced in the trial and pass orders accordingly on the merits of the fresh Bail Application and in accordance with law, uninfluenced by any order passed on the subject in the past. (V.K. Gupta, C.J.) 10.11.2008 A