1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 09th day of February, 2011 Third Bail Application No. 38 of 2010 Criminal Side Sanjay Mittal S/o Sri Ram Niwas R/o 95-A, Park Road P.S.Kotwali, Dehradun …….Applicant In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case/F.I.R No. 459 of 2008 Under Sections: 307 I.P.C Police Station: Kotwali District: Dehradun Hon’ble Prafulla C. Pant, J. Mr. K.S.Verma, Advocate, present for the applicant. Mr. M.A.Khan, Brief Holder, present for the State. Applicant–Sanjay Mittal, who is in jail in connection with Case Crime/F.I.R No. 459 of 2008, relating to offence punishable under Sections 307 I.P.C., police station Kotwali, District Dehradun has sought his release on bail. The First Bail Application was rejected on merits 2 on 17.02.2009 by Hon'ble Justice J.C.S Rawat (since transferred). The second bail application was rejected on 30.03.2010 by Hon'ble Justice Dharam Veer (since expired). This is third bail application. It is a case of 307 I.P.C. The applicant is in jail for last more than two years. Even after rejection of the IInd bail application its now almost more than ten months, he is in jail. Perusal of the First Information Report shows that the deceased husband and his wife went inside the room and next day both of them found in injured condition with injury marks in their wrists and neck. In the above circumstances, considering the period for which the applicant is in jail after rejection of the earlier bail application, this Court is of the view that now applicant deserves bail. Bail Application is allowed. Let the applicant-Sanjay Mittal be released on bail on executing personal bond, and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate,Dehradun. (Urgency Application No. 711 of 2011 also stands disposed of). (Prafulla C. Pant, J.) Vacation Judge Dt.09.02.2011 N.P