HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 4th May, 2009 First Bail Application No. 285 of 2009 Order on the bail application of the accused. Puran Singh S/o Bahadur Singh …….. Applicant Versus State of Uttarakhand …….. Opposite Party Case Crime No. 3 of 2008 U/s 302, 323, 504, 506, 147 I.P.C. Challani Circle Nayab Tehsildar Circle Kanda, District Bageshwar Hon’ble J. C. S. Rawat, J. Heard Mr. Dinesh Chauhan, Advocate for the accused/applicant; Mr. Amit Bhatt, Addl. G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; it is said that during the incident, Madan Singh and Pan Singh were present; they are nominated in the F.I.R. as witnesses; the fact that the statement of Pan Singh is available in the case diary according to the learned Addl. G.A.; the learned Addl. G.A. read over the statement before this Court; he has stated in this statement that the present accused/applicant reached at the spot after the deceased had been beaten and fell down on the ground whereas the statement of other witness Madan Singh has not been recorded by the Investigating Officer; statement of Pan Singh and Dhanuli Devi has been read over by the learned Addl. G.A.; the fact that statement u/s 161 of Lachmi Devi, Rajendra Singh Bora and Smt Jibuli Devi were recorded on 01/02/2009 after a long time; and in the facts and circumstances of the case, it is a fit case for bail. Let the accused/applicant Puran Singh be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate concerned. (J.C.S. Rawat, J.) Dated 04.05.2009 Shiv