IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 24th day of November 2009 Ist Bail Application No.1152 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Baldev Singh .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 514 of 2003, Sessions Trial No. 235/2005 U/s 307(34) I.P.C PS Nanakmata, District Udham Singh Nagar. _______________________________________________________________ November 24, 2009 HON’BLE DHARAM VEER, J. Heard Sri Pratroop Pandey, learned Counsel for the accused applicant and Sri M.A. Khan, Brief Holder for the State. Learned Counsel for the accused applicant submitted that the applicant did not appear before the trial court on 19.12.2008 and moved an application for exemption from the personal appearance through his counsel, but the said application was rejected and non- bailable warrant was issued against the accused applicant. He further submitted that the accused applicant had duly informed his counsel that he was unable to appear on the date fixed and he was assured by his counsel that his application for personal exemption would be allowed by the court. When the accused applicant came to know that NBW was issued against him on the date fixed i.e. on 19.12.2008, then he appeared before the trial court on 26.5.2009 and moved the warrant recall application, which was rejected and since then he is in jail and prosecution has not produced any evidence against him. Learned Counsel for the accused applicant further submitted that henceforth the applicant shall appear on each and every date before the trial court. Having heard the submissions of learned Counsel for the parties and after considering the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Baldev Singh be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of CJM, Udham Singh Nagar. Bail application is allowed accordingly. (Dharam Veer, J.) 24.11.2009 PRABODH 2