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Judgment
Hon''ble B.S. Verma, J.—Heard Sri.A.D. Massey, Learned Counsel for the applicant-appellant and Sri Amit Bhatt, learned A.G.A. on the motion for bail of the Appellant Kishan Singh.
Perused the record. Learned Counsel for the Appellant pointed out that the informant Indra Singh was not the eye witness and he in fact disowned the F.I.R. by stating that the name of the accused was not mentioned by him in the F.I.R. It was also submitted that the only so called eye witness Smt. Motima Devi was declared hostile by the prosecution. There were circumstances also against the Appellant. However, considering that the star witness had turned hostile, we think it a fit case for bail. The bail application is allowed.
Let the applicant-appellant Kishan Singh @ Actor be released on bail in case crime No. 06/2003, S.T. No. 43/2004, u/s s 302/201 I.P.C. Parti Malli Kutoli, District Nainital, on his executing a personal bond and two sureties each in the like amount to the satisfaction of C.J.M., Nainital.