IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 23rd day of November, 2011 Second Bail Application No. 86 of 2011 Criminal Side Roshan, S/o Late Iswar Chand R/o Kehra, Police Station Laksar District Hardwar ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 154 of 2010 Under Section: 364, 376, 302, 201, 120B IPC Police Station Jhabrera District Hardwar -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Manish Arora, Advocate, present for the applicant. Mr. Hariom Bhakuni, Brief Holder, present for the State. Applicant- Roshan who is in jail in connection with crime no. 154 of 2010, relating to offences punishable under section 364, 376, 302, 201, 120B IPC, Police Station Jhabrera, District Hardwar, has sought his release on bail. -2- Heard learned counsel for the parties. The first bail application was rejected on 22.07.2011, as not pressed. Since then two prosecution witnesses P.W.1 Mangta and P.W. 2 Mahendra said to have been examined during trial. P.W. 1 Mangta is a formal witness as such he has not adduced any evidence on the facts against the present applicant. P.W. 2 Mahendra has not supported the prosecution story, and got declared hostile. It is a case of circumstantial evidence. Co- accused Amarjeet and Shiv Kumar @ Bahadur have already been directed to be released on bail. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that now the applicant deserves bail. The second bail application is allowed. Let applicant Roshan be released on bail on executing personal bond , and furnishing two sureties each of the like amount to the satisfaction of the Judicial Magistrate, Roorkee. (Prafulla C. Pant, J.) Parul 23.11.2011