Kamalveer Singh and Samarpal Singh vs State of Uttarakhand

Prafulla C. Pant,

Mr. M.S. Pal, Senior Advocate, assisted by Mr. Deepak Bisht, Advocate, present for the applicants.

Mr. B.S. Parihar, Brief Holder, present for the State.

Applicants-Kamalveer Singh and Samarpal Singh, who are in jail in connection with crime No. 6858 of 2007, relating to offence punishable u/s 302 Indian Penal Code, Police Station Kashipur (Sessions Trial No. 221 of 2008), District Udham Singh Nagar, have sought their release on bail.

Heard learned Counsel for the parties.

The first bail application was rejected on 04.12.2008, on merits. Second bail application was dismissed for non prosecution on 07.09.2010.

Since the first bail application was rejected on merits in the year 2008, two witnesses P.W.1 Harveer Singh, P.W. 2 Ompal appear to have been got examined during trial. P.W. 1 Harveer Singh has given no evidence against the present applicants. P.W.2 Ompal in his cross-examination states that he had not seen the applicants with the deceased, nor the applicants have committed murder of the deceased.

In view of the above development, without expressing any opinion as to final merits of the case, this Court is of the view that applicants deserve bail.

The bail application is allowed. Let the applicants Kamalveer Singh and Samarpal Singh be released on bail on executing personal bond by each one of them, and furnishing two sureties for each one of them, each of like amount to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar.