HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 17th April, 2009 First Bail Application No. 1437 of 2007 Order on the bail application of the accused. Dheer Singh S/o Atar Singh ………. Applicant Versus State of Uttarakhand ………….Opposite Party Case Crime No. 54 of 2007 U/S 147, 323, 302 and 307 I.P.C. Police station Kankhal District Haridwar Hon’ble J.C.S. Rawat, J. Heard Mr. Manish Arora, Advocate for the accused/applicant; Mr. H.C. Pujari, Addl.G.A. for the State; and perused the record. The bail application moved by the accused/applicant before the learned trial court was dismissed on 30/10/2007. Thereafter, the accused/applicant moved this bail application before this Court. It was contended by the learned counsel for the applicant that statement of some of the witnesses have been recorded by the trial court and these witnesses have not supported the version of the F.I.R., as such, the applicant is entitled to get the bail. It would be just and proper to direct the applicant to move a fresh bail application before the learned trial court and the learned trial court would hear the bail application of the applicant afresh in the light of the evidence recorded by it wan would decide the bail application in accordance with the law. The trial court would not be influenced by the fact that bail application moved by the accused/applicant before this Court has been disposed of. The bail application is disposed of accordingly. (J.C.S. Rawat, J.) Dated 17.04.2009 Shiv