HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No. 19 of 2025 Rachit Singh ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Sharang Dhulia, Advocate for the applicant, through video conferencing. Mr. V.S. Rawat, A.G.A. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in Case Crime No.471 of 2023, under Sections 307, 34 IPC and Section 3/25 of the Arms Act, 1959, Police Station- SIDCUL, District- Haridwar. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is the second bail application. The first bail application, being BA1 No.2797 of 2023, was rejected on 21.05.2024. 4. According to the FIR, on 26.08.2023, the applicant fired at the victim, which hit on his leg. 2 5. It is the case of the applicant that the injured has not supported the prosecution case and he has been declared hostile. 6. This fact is not denied by the prosecution. It makes out a case for bail. But, a point needs consideration. The FIR in the instant case was lodged by injured Subhash, who has been examined as PW2. In the FIR, he has stated that on the date of incident, the applicant fired at him, due to which he sustained injuries. But in the court, he has not stated so. He has denied the entire case of the FIR. It simply implies two things. Either the FIR was deliberately lodged false by PW2, Subhash, or he has given false evidence in the court. Therefore, this Court requests the court concerned to consider this aspect. 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. 3 10. Since PW2, Subhash, who is the author of the FIR, has not supported the prosecution case during trial, which means, either he has lodged a false FIR or has given false evidence. In the interest of justice, the court below may consider to proceed against PW2, Subhash. (Ravindra Maithani, J) 10.02.2025 Ravi Bisht