HIGH COURT OF UTTARAKHAND AT NAINITAL Second Bail Application No.36 of 2025 Mohd. Nazim Alwi ….....Applicant Versus State of Uttarakhand ….….Respondent Present:- Mr. Rajat Mittal, Advocate for the applicant. Mr. Akshay Latwal, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicant is in judicial custody in FIR/Case Crime No. 388 of 2023, under Section 307 IPC, Police Station Vikasnagar, District Dehradun. 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 rejected on 12.11.2024 on merits. 4. Learned counsel for the applicant would submit that after dismissal of the first bail application, PW4 injured has been examined. He has not identified the applicant as an assailant in his cross examination. A certified copy of the statement has been filed. It is not in disputed. 2 5. Perusal of the statement of PW4, injured reveals that in his cross examination, he has not identified the applicant as the assailant. He has not been further examined on this aspect by the prosecution. 6. 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. 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) 25.02.2025 Jitendra