HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 30th June, 2009 3rd Bail Application No. 11 of 2009 Order on the bail application of the accused. Ashok Sharma S/o Sri Mahesh Chand ……. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No.1747 of 2008 U/s 302, 201, 343, 376 and 120-B I.P.C. Police Station Kashipur District – Udham Singh Nagar Hon’ble J. C. S. Rawat, J. Heard Mr. D.K. Sharma, Advocate for the applicant; Mr. Amit Bhatt, Addl. G.A. for the State; and perused the record. Learned counsel for the accused/applicant contended that the 1st Bail Application of the accused/applicant was rejected after considering the statement of Darshan Singh and Mahendra Singh recorded u/s 161 Cr.P.C. in which the link evidence against the accused/applicant was established. Now, while moving this bail application, evidence of both the witnesses have been recorded before the trial court; they have been declared hostile and they have not supported the prosecution version. The learned counsel for the accused/applicant further contended that the circumstances projected against the accused/applicant did not lead to take inference that the accused/applicant is involved in the commission of the offence. After considering the submissions of the learned counsel for the parties and without going into the merits of the case and commenting on the merits of the, I think it is a fit case for bail. Let the accused/applicant Ashok Sharma be released on bail on executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat, J.) Dated 30.06.2009 Shiv