IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of September, 2011 2nd Bail Application No. 74 of 2011 Order on the Bail Application: CRIMINAL SIDE Sonu Kumar, S/o Sri Girihar Lal, R/o Mohalla Redawali, Police Station Bhagwanpur, District Haridwar. ………Applicant Versus State of Uttarakhand …… pposite Party O Arising out of FIR No. 420/2010, Under Sections 395, 397, 412, 120-B I.P.C., Police Station-Kotwali Roorkee, District Haridwar. Hon’ble Prafulla C. Pant, J. Mr. R.C.Tamta, Advocate, with Mr. M.K.Ray, Advocate, present for the applicant. Mr. Nandan Arya, Additional G.A., present for the State. Heard. Applicant Sonu Kumar, who is in jail in connection with F.I.R. No. 420 of 2010, relating to offences punishable under Section 395, 397, 412, 120-B I.P.C, Police Station- Kotwali Roorkee, District Haridwar, has sought his release on bail. The first bail application of the applicant was rejected on 26.04.2011. Learned counsel for the applicant submitted that after rejection of first bail application, vide order dated 2 23.06.2011, passed on second bail application No. 178 of 2010, co-accused Bhupendra @ Chottu has already been directed to be released on bail in similar circumstances. It is also pointed out that annexure No.1 to counter affidavit shows that the complainant knew applicant Sonu, who was assisting co-accused Bhupendra @ Chottu as carpenter in his house. The incident is said to have taken place at 5:00 p.m. in the month of August, 2010. If that was the case, the complainant should have no hesitation in naming the applicant in the First Information Report, as it was a day light incident. In view of new development that co-accused with similar circumstances has been granted bail, this Court is of the view that now present applicant deserves bail. Therefore, the second bail application is allowed. Let the applicant Sonu Kumar, be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Haridwar. (Prafulla C. Pant, J.) 01.09.2011 JM