HIGH COURT OF UTTARAKHAND AT NAINITAL First Bail Application No. 2004 of 2024 Ajay Sharma ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Pawan Mishra, Advocate for the applicant. Mr. S.C. Dumka, A.G.A. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR No.43 of 2023, under Sections 302, 201, 506 and 120-B IPC read with Section 34 IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station- Clementown, District- Dehradun. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. It is argued by learned counsel for the applicant that two of the co-accused have already been granted bail by the trial court; co-accused, Prashant Juyal, has been granted bail by this Court; two eye-witnesses have not supported the prosecution case at trial. 4. Learned State Counsel would submit that three eye-witnesses are yet to be examined. They have supported the prosecution case. 2 5. It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding. 6. Though some of the witnesses have stated that it is the applicant, who hit the deceased with a base ball, but as per the post mortem report, the cause of death could not be ascertained and viscera was preserved. Does it mean that the injuries were not the cause of the death? This and many more questions would find answer during trial. 7. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 8. The bail application is allowed. 9. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. (Ravindra Maithani, J) 06.01.2025 Ravi Bisht RAVI BISHT Digitally signed by RAVI BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ded921477e34a304cbcb0b52d4a59f37e 6d2018d38d0b669a5c068799391e6bb, postalCode=263001, st=UTTARAKHAND, serialNumber=AA64B1F44E60E652AE5485ED764 961E4E52FD29C6F03C20917020ED093405536, cn=RAVI BISHT Date: 2025.01.06 09:44:36 +05'30'