HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No. 322 of 2024 Shiva ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Mohd. Safdar, Advocate for the applicant. Ms. Rangoli Purohit, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Delay in filing counter affidavit is condoned. Counter affidavit is taken on record. Delay Condonation Application, IA No.1 of 2025, stands disposed of, accordingly. 2. Applicant is in judicial custody in FIR No. 652 of 2021, under Sections 302, 120B IPC, Police Station Kotwali Roorkee, District Haridwar. He has sought his release on bail. 3. Heard learned counsel for the parties and perused. 4. This is the second bail application. The first bail application, being BA1 No.2273 of 2022, was rejected on 26.04.2023. 2 5. According to the FIR, on 07.10.2021, in front of the shop of one Pradeep, the husband of the informant was indiscriminately fired by the applicant and the co-accused. 6. Learned counsel for the applicant would submit that after rejection of the first bail application, the informant was examined in a U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 case, bearing Sessions Trial No.5 of 2022, State Vs. Gaurav, in the court of Special Judge, Gangsters Act, Haridwar (“the Gangsters Trial”), wherein, she has denied her presence at the place of incident. He has referred to the statement of the informant, recorded as PW4, in the Gangsters Trial, wherein, she has stated that she was not present at the place of incident. 7. Fact remains that according to the FIR, the informant was present at the place of incident. 8. Learned State Counsel would submit that the mother in law of the injured has supported the prosecution case. 9. The informant has denied her presence at the place of incident, in a separate trial. This factor alone entitles the applicant to bail. 3 10. 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. 11. The bail application is allowed. 12. 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) 19.03.2025 Ravi Bisht