IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 21st day of December, 2009 Ist Bail Application No. 898 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sanjay Joshi .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 200 of 2009, U/s 302, 323, 504 & 506 IPC. PS Tanakpur, District Champawat. _______________________________________________________________ December 21, 2009 HON’BLE DHARAM VEER, J. Smt. Pushpa Joshi, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant submitted that an FIR was lodged with PS Tanakpur, District Champawat on 2.3.2009 with the allegation that the accused applicant has committed murder of Bhavani Dutt in the intervening night of 1/2.3.2009 at 00.30 am. She further submitted that two eyewitnesses, viz., Basanti Joshi & Asha Joshi have been shown in the FIR and both of them have been examined as PW2 and PW3 respectively and both of them have not supported the case of the prosecution and have been declared hostile. Learned State Counsel also conceded this. Statement of the PW2 Basanti Joshi and PW3 Asha Joshi have been annexed as Annexure No. 4 & 5 respectively to the bail application. She further submitted that the accused applicant has no criminal history against him, who is in jail since March, 2009 and trial is yet to complete. After due consideration of the submissions of the learned Counsel for the parties; perusal of the contents of the FIR; in view of the statements of Basanti Joshi and Asha Joshi and other papers available on record and having regard to the facts and circumstances of the case and without expressing any opinion about the final merits of the case, the Court is of the view that accused applicant deserves bail at this stage. Let the applicant Sanjay Joshi 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.) 21.12.2009 PRABODH 2