IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 3rd day of May, 2010 III Bail Application No. 09 of 2010 Order on the Bail Application: CRIMINAL SIDE Amrik Singh S/o Gurmeet Singh R/o Village Amarpur, P.S. Rudrapur, District Udham Singh Nagar. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Case Crime No. 1797 of 2007 Under Sections: 147, 148, 149, 302, 201 / 34 of I.P.C. Police Station: Gadarpur District: Udham Singh Nagar. Hon’ble Prafulla C. Pant, J. Mrs. Pushpa Joshi, Advocate present for the applicant. Mr. M.A. Khan, Brief Holder present for the State. This is third bail application, moved on behalf of Amrik Singh, who is in jail in connection with Crime No. 1797 of 2007, relating to offences punishable under Section 147, 148, 149, 302, 201 / 34 of I.P.C., police station Gadarpur, District Udham Singh Nagar. Heard learned counsel for the parties. The first bail application was dismissed as not pressed by this Court on 31.08.2009. The second bail application was disposed of vide order dated 31.12.2009, observing that the applicant may move fresh bail application before the Sessions Judge. This is third bail application. The new development pointed out is that the prosecution witnesses have turned hostile. Apart from this, meanwhile, co-accused Gurmeet 2 Singh @ Karan Singh has been directed to be enlarged on bail by this Court on 26th of March 2010. It is stated that the role of present applicant is not different to that of Gurmeet Singh. In view of the above facts i.e. that the prosecution witnesses have turned hostile, and co-accused Gurmeet Singh @ Karan Singh and other co-accused have now been granted bail, this Court feels it just and proper to direct that the present applicant Amrik Singh be released of bail. Therefore, this third bail application is allowed. Applicant Amrik Singh is directed to be released on bail on executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Dt. 03.05.2010 H.Negi