IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Second Bail Application No.3 of 2010 Order on the Bail application of accused CRIMINAL SIDE Gaurav Kumar @ Girish Chandra S/o Gopal Ram R/o Village Jamaria Patwari Circle Cahcahroti Tehsil Chaukutia District Almora ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of Case Crime No.1 of 2009, U/s 392 IPC, Patwari Circle Chachrauti, Tehsil Bhikiyasen, District Almora Dated: April 17, 2010 Hon’ble Dharam Veer, J. Heard Sri Atul Bhatt, Advocate i/b Sri Prabhakar Joshi, Advocate for the applicant and Sri B.S. Parihar, learned Brief Holder for the State. First bail was rejected by this Court on 15.7.2009. Learned counsel for the applicant argued that in the above said case, Charge was framed by the trial court on 4.5.2009 and after framing the charge, 18.5.2009 was fixed for the prosecution evidence. Since then number of dates were fixed for the prosecution evidence but till today the prosecution evidence is not concluded. He has also filed a question answer issued from the trial court dated 8.4.2010 in which it was stated that for the prosecution, last opportunity was given to the prosecution for concluding the evidence, which shows that the prosecution evidence is not completed till today and still the case is fixed for the prosecution evidence, as the charge was framed under the above said case on 4.5.2009 and about 11 months have passed after framing of charge and also about 11 months have passed after the first date was fixed i.e. 18.5.2009 for the first date for evidence and the evidence has not been concluded in the trial court till today. Further, as per Section 437(6) Cr.P.C., the applicant is entitled for bail as the evidence is not completed within 60 days from the first date fixed for the evidence and he is entitled for bail. After considering the above-said facts and circumstances, on hearing learned counsel for the parties, contents of the FIR and other papers available on record and the report submitted by the learned Brief Holder for the State, which reveals that the trial is still pending and the offence is triable by Magistrate and about 11 months have passed from the first date of evidence i.e. 18.5.2009, 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 Gaurav Kumar @ Girish Chandra be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Almora. The bail application is disposed of accordingly. 17.04.2010 Rajeev Dang (Dharam Veer, J.)