IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 08th day of June 2005 Criminal Misc. Bail Application No. 398 / 2005 Order on the bail application of accused . CRIMINAL SIDE Amar Dev S/o Sadanand R/o village Mun Gaon (Pipaldanga) Patwari Circle Ajmer Palla – 2 Tehsil Kotdwara District Pauri Garhwal ………Applicant Versus State of Uttaranchal ….Opposite Party Arising out of case crime No. 04/ 2003 U/s 302 IPC & 27 Arms Act Registered with Patwari Circle Ajmer Palla- 2 Tehsil Kotdwara District Pauri Garhwal Now S.T. No. 20/2004 State Vs. Amar Dev pending before the Sessions Judge, Pauri Garhwal ___________________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Sri Pankaj Purohit learned counsel for the applicant and learned A.G.A. for the State. Perused for record. The complainant-Smt. Pushpa Devi, who said to be the eye-witness of the incident, stated in the FIR that Bhupal Singh and Khusi Ram had seen the occurrence. Both the witnesses have been declared hostile by the prosecution and they have not corroborated the factum of murder by the accused. Rejection order of the Sessions Judge reveals that all the witnesses have been recorded and only the statement of doctor and I.O. is to be recorded. Considering the facts and circumstances of the case, it is a fit case for bail. Let the applicant-accused be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the CJM concerned. (J.C.S. Rawat, J.) Dated 08.06.2005 LSR