1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 15th day of December, 2011 First Bail Application No. 1025 of 2011 Criminal Side Dhruv Dev Kumar Mishra @ D.D.Mishra S/o Shri Ram Mishra R/o village Aheliyapur Post Deveriya Mill P.S. Deveriya, District Deveriya (U.P) at present Jopari Patti 25 Acare Kotwali, Lalkuwa District Nainital …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of F.I.R/Case No 52 of 2011 Under Section: 302, 328, 120B/34 of I.P.C. Police Station: Lalkuwa District: Nainital Hon’ble Prafulla C. Pant, J. Mr. D.K.Sharma, Advocate, present for the applicant. Mr. S.S.Adhikari, A.G.A., present for the State. 2 Heard. Applicant– Dhruv Dev Kumar Mishra @ D.D.Mishra , who is in jail in connection with F.I.R/Crime No. 52 of 2011, relating to offences punishable under section 302, 328, 120B/34 of I.P.C., Police Station Lalkuwa, District Nainital, has sought his release on bail. Learned counsel for the applicant submitted that the First Information Report is delayed by more than ten days. It is further submitted that co-accused Lal Babu Tewari has 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 on 12.12.2011, in which she has not supported the prosecution story, and turned hostile. She has stated that she did not see the accused including the present applicant administering any substance to the deceased. In the above circumstances, without expressing any opinion as to final merits of the 3 case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Dhruv Dev Kumar Mishra @ D.D.Mishra, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Additional Chief Judicial Magistrate, Haldwani. (Prafulla C. Pant, J.) Dt.15.12.2011 Nahid