1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of December, 2011 First Bail Application No. 1089 of 2011 Criminal Side 1. Rishabh Tiwari S/o Jitendra Tiwari R/o Gram Sirsiya Pawar Post Bhawani Chhapar Devaria District Devaria 2. Abhishek Tiwari S/o Shri Devendra Tiwari R/o Gram Sirsiya Pawar Post Bhawani Chhapar Devaria District Devaria ….Applicants (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of F.I.R/Case No 52 of 2011 Under Section: 120B, 302, 328/34 of I.P.C. Police Station: Lalkuan District: Nainital Hon’ble Prafulla C. Pant, J. Mr. G.C.Kandpal, Advocate, present for the applicants. 2 Mr. M.A. Khan, Brief Holder, present for the State. Heard. Applicants– Rishabh Tiwari and Abhishek Tiwari, who are in jail in connection with F.I.R No. 52 of 2011, relating to offences punishable under section 302, 120B, 328/34 of I.P.C., Police Station Lalkuan, District Nainital, have sought their release on bail. Learned counsel for the applicants submitted that the First Information Report is delayed by more than ten days. It is further submitted that co-accused Lal Babu Tewari and Dhruv Dev Kumar Mishra have already been directed to be released on bail. Also, attention of this court is drawn to the statement of PW1 Ginni Tewari, the star witness, which is recorded by the trial court on 12.12.2011, in which she has not supported the prosecution case , and declared hostile. She has stated that she did not see the accused including the present applicant administering any 3 substance to the deceased. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicants deserve bail. The Bail Application is allowed. Let the applicants- Rishabh Tiwari and Abhishek Tiwari, be released on bail on executing personal bond by each one of them, and furnishing two sureties, for each one of them, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Nainital. (Prafulla C. Pant, J.) Dt.22.12.2011 Nahid