IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION IInd Bail Application No. 81 of 2010 Order on the Bail application of accused CRIMINAL SIDE Nanhe Lal S/o Chunni Lal R/o Village Dopaharia Thana Kichha, District Udham Singh Nagar ……Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: July 07, 2010 Arising out of F.I.R. No. 15 of 2010 U/s 376 of IPC P.S. Kichha, District Udham Singh Nagar Hon’ble Dharam Veer, J. This is the second bail application moved on behalf of the applicant. First bail application was dismissed as not pressed on 27.4.2010 and that was not dismissed on merit. Heard Mrs. Pushpa Joshi and Mr. G.C. Kandpal, Advocates for the applicant and Mr. Amit Bhatt, Additional Government Advocate for the State. Learned counsel for the applicant argued that the main witnesses of the case viz. Meser Ali, Akeel Ahmed and Anwar Ali have been examined in the trial court. Mesar Ali, who is the son of victim Raheesan @ Bauri and also shown to be the eyewitness of the case, has been examined by the prosecution as P.W.1 and he has not supported the prosecution case and has been declared hostile. Further, Akeel Ahmed and Anwar Ali have also been examined by the prosecution as P.W.2 and P.W.3 and they too have not supported the prosecution case and have been declared hostile. Learned counsel for the applicant further argued that the main witnesses of the case have been declared hostile and the statement of victim Smt. Raheesan @ Bauri could not be recorded in the trial court, as she is deaf and dumb and due to this reason her statement u/s 161 Cr.P.C. was also not recorded by the I.O. Statements of above-named witnesses are annexed as Annexure Nos.5, 6 and 7 with this bail application. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the FIR and also on perusal of the statements of Mesar Ali (PW1), Akeel Ahmed (PW2) and Anwar Ali (PW3) and other papers available on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Nanhe Lal be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfactionof Chief Judicial Magistrate, Udham Singh Nagar. The bail application is allowed accordingly. (Dharam Veer, J.) 07.07.2010 RG