2025:UHC:6673 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/935/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Prince Chauhan, learned Legal Aid Counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. Present applicant ‘Shayam, son of Shri Prem Singh,’ is praying for regular bail in relation to FIR dated 30.05.2024 bearing FIR No. 256 of 2024, Police Station – Kashipur, District – Udham Singh Nagar wherein present applicant has been implicated for the offence punishable under Section 304, 323, 504 IPC for commission of crime of murder of his own brother. 4. Learned counsel for the applicant submits that on completion of investigation, charge sheet has been filed and thereafter, trial has already commenced and three star witnesses PW1 – mother of the deceased (eye witness), PW2 – brother of the deceased (eye witness) and PW3 neigbhour were declared hostile by the trial court. He further submits that applicant is languishing in jail since 31.05.2024 and has no criminal antecedents, and alleged offence appears to be a case of sudden provocation. 5. On the other side, Mr. Himanshu Sain, learned State Counsel have not disputed this fact that present applicant is languishing in jail since 31.05.2024 and has no previous criminal antecedents and trial has already been commenced and three star witnesses PW1 – mother of the deceased, PW2 – brother of the deceased both eyewitnesses and PW3 neigbhour were declared hostile by the trial court. 6. After hearing the arguments of learned counsel for the parties and further taking into consideration that present applicant is languishing in jail since 31.05.2024 and has no previous criminal antecedents and three star witnesses PW1 – mother of the deceased, PW2 – brother of the 2025:UHC:6673 deceased and PW3 neigbhour were declared hostile by the trial court, this Court is of the view that applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case, the bail application is allowed. 8. Let the applicant ‘Shayam, son of Shri Prem Singh’ be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. (Rakesh Thapliyal, J.) 30.07.2025. SKS