IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of June, 2010 2nd Bail Application No. 58 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Nannu @ Rakesh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 236/2010, U/s 326, 120B, IPC, PS Kotwali Champawat. June 10, 2010 HON’BLE DHARAM VEER, J. Heard Mr. AK Pandey, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. First bail application of the applicant was rejected by this Court vide order dated 12.5.2010. Hence, the second bail application has been moved on his behalf. Learned Counsel for the applicant submitted that injured Rafique and the complainant Roshan Jahan have been examined before the trial court and both of them have not supported the prosecution case. Injured Rafique has stated that he received the injuries on account of skidding because of which he fallen down and received the injures. The complainant Roshan Jahan has stated that she has not witnessed the alleged incident and she lodged a false report. Having heard the submissions of learned Counsel for the parties; perusal of the statements of injured Rafique and complainant Roshan Jahan recorded before the trial court; in view of 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 Nannu @ Rakesh 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, Champawat. Bail application is allowed accordingly. (Dharam Veer, J.) 10.6.2010 2 PRABODH