HIGH COURT OF UTTARAKHAND AT NAINITAL Third Bail Application No.83 of 2024 Sonu ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. C.K. Sharma, Advocate for the applicant. Mr. Pramod Tiwari, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicant is in judicial custody in FIR No.108 of 2019, dated 31.05.2019, under Section 304 IPC and Sections 3/25 of the Arms Act, 1959, Police Station Gadarpur, District Udham Singh Nagar. He has sought his release on bail. It is third bail application of the applicant. His first and second bail applications have already been rejected on 15.02.2022 and 12.12.2023 respectively. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the applicant would submit that the applicant was arrested on 14.09.2019 and he is in custody for more than 5½ years; there are total 16 witnesses, out of which 07 witnesses have been examined; PW6 was examined in the month of March, 2 2023, whereas PW7 was examined in the month of March, 2025. 4. These facts are not disputed by the learned State counsel. 5. Delay is one of the reasons for considering bail. Generally bail is denied until the witnesses are examined. But, here is the case which pertains to 31.05.2019. Since then, more than five years have completed and out of 16 witnesses, only 07 witnesses have been examined. 6. Having considered the nature of offence and the delay caused in the matter, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 7. The bail application is allowed. 8. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount; to the satisfaction of the court concerned. (Ravindra Maithani, J.) 25.03.2025 Sanjay