IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION IInd Bail Application No.55 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Firoz Khan S/o Gulam Hassan R/o Haripur, P.S. Kalsi, Dehradun, District Dehradun ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: June 3, 2010 Arising out of Crime No.23 of 2008 Under Sections 498-A, 304-B of IPC and 3/4 of Dowry Prohibition Act, P.S. Kalsi, District Dehradun Hon’ble Dharam Veer, J. This is second bail application moved on behalf of the applicant. First bail application was dismissed on merits on 13.7.2009. Heard Mr. Karan Anand, Advocate for the applicant as well as Mr. Amit Bhatt, Addl. Government Advocate for the State and also perused the record. The new ground argued by learned counsel for the applicant is that the prosecution has examined four witnesses in the trial court, namely, Israt Bano, complainant and mother of deceased as P.W.1, Smt. Sabnam, maternal aunt of deceased as P.W.2, Tanbir, maternal uncle of deceased as P.W.3 and Akhtar Hussain as P.W.4. None of these witnesses have supported the prosecution case and all of them have been declared hostile. The statements of above-named witnesses have been annexed as Annexure No.3 to Annexure No.6 with this bail application. Having considered the submissions of learned counsel for the parties; perusal of the contents of FIR as well as on perusal of the statements of Israt Bano (PW1), Smt. Sabnam (PW2), Tanbir (PW3) and Akhtar Hussain (PW4), without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant Firoz Khan 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, Dehradun. Bail application is allowed accordingly. (Dharam Veer, J.) 03.06.2010 RG