HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No.336 of 2024 Mohd Rizwan ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Shariq Khurshid, Advocate for the applicant. Mr. V.S. Rawat, A.G.A. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR No. 465 of 2024, under Section 309 (4), 317 (2), 61, 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/25 of the Arms Act, 1959, Police Station Jaspur, District Udham Singh Nagar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is second bail application of the applicant. His first bail application was dismissed as withdrawn on 09.12.2024. 4. Learned counsel for the applicant would submit that there is no eyewitness of the incident. It is a case of alleged recovery from the applicant, but no Test Identification Parade was conducted. 5. Learned State counsel, under instruction, would submit that no Test Identification Parade was done. 2 6. Having considered the entirety of facts, 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) 02.01.2025 Jitendra