1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 30th Day of December, 2010. IInd Bail Application No. 152 of 2010 Order on the Bail Application: CRIMINAL SIDE 1. Manjeet Singh S/o Balbeer Singh R/o H-No 183/66, L.I.G. Awas Vikas Colony, Rudrapur District Udham Singh Nagar 2. Samsher Singh @ Shera S/o Gurudeep Singh R/o Faij garh, P.S. Natha Sadar, District Patiyala, Punjab ….….Applicants(In Jail) Versus State of Uttarakhand ………..Opposite Party Arising out of Case Crime/F.I.R. No. 244 of 2009 Under Section: 302, 394, 411, 201 I.P.C Police Station: Rudrapur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mrs. Pushpa Joshi, Advocate, present for the applicants. Mr. Nandan Arya, A.G.A., Present for the State. 2 Applicants Manjeet Singh and Samsher Singh @ Shera, who are in jail in connection with Case Crime /F.I.R No. 244 of 2009, relating to offences punishable Under Section 302, 394, 411 and 201 I.P.C., Police Station Rudrapur , District Udham Singh Nagar, have sought their release on bail. Heard learned counsel for the parties. The first bail application was rejected as not pressed by Hon'ble Justice Dhram Veer Sharma (since expired). Learned counsel for the applicants submitted that it is a case of circumstantial evidence. It is further submitted that dead body of Sonu was never found, as such, it can not be said whether a murder was committed or not. Apart from this, attention of this court is drawn to the statements of PW1 Jaswant Singh and PW2 Deepak recorded by the trial court. Their statement shows that both of them have turned hostile and did not support the prosecution story. In the above circumstances, without expressing any opinion as to final merits of this case, this court is of the view that applicants deserve bail. Bail application is allowed. Let the applicants Manjeet Singh and Samsher Singh @ Shera, be released 3 on bail on executing a personal bond by each one of them, on furnishing two sureties by each of them, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. IInd Bail Application Stands allowed. (Prafulla.C.Pant.,J) Dt. 30.12.2010 Nahid