Balvinder Singh (In Jail) vs State of Uttarakhand

Dharam Veer, J.—This is the third bail application moved on behalf of the applicant. First bail was dismissed on merit on 9.11.2009 and the second bail was dismissed for non-prosecution on 14.9.2010.

Heard Mr. U.K. Uniyal, Senior Advocate with Mr. Sandeep Kothari, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State.

The new ground argued by learned senior counsel in this bail application is that all the injured witnesses of the case, namely, Jaswant Singh, Kakka Singh and Makhan Singh, have been examined in the trial court. None of them have supported the prosecution case and all of them have been declared hostile. The statements of above-named witnesses are annexed with this bail application and the supplementary affidavit.

After considering all the facts and circumstances; on hearing learned Counsel for the parties; on perusal of the contents of the FIR and the statements of Jaswant Singh, Kakka Singh and Makhan Singh, recorded in the trial court, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage.

Let the applicant Balvinder Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM Udham Singh Nagar.

The bail application is allowed accordingly.