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Judgment
Prafulla C. Pant, J.—Applicant Kushal Singh Deopa, who is in jail in connection with F.I.R. No. 48 of 2009 (Sessions Trial No. 152 of 2009), relating to offences punishable u/s 147, 148, 149, 307, 332, 302, 396, 333, 353, 336, 412, 34, 436, 427, 120B of I.P.C., Section 7 of Criminal Law Amendment Act, and one punishable u/s 3 of Prevention of Damage to Public Property Act, 1984, police station Kaladhungi, District Nainital, has sought his release on bail.
Heard learned Counsel for the parties.
The first bail application was rejected on 23.03.2010, as not pressed, by the counsel for the applicant. The second bail application was rejected on merits on 07.07.2010, by Hon''ble Mr. Justice Dharam Veer (since expired).
Learned Counsel for the applicant submitted that after the earlier bail application was rejected, more than eight months have passed, but the trial is still at the initial stage. Applicant is in jail for about 11/2 year. It is pleaded that it is a case of mob reaction shown by the public against murder of one Balwant Singh Kanyal, Block Pramukh of the area, in which more than 50 persons are made accused. It is also pointed out that after rejection of the second bail application other similarly situated co-accused Kishore Deopa @ Bablu, Rajeev Walia @ Raju Walia and Virendra @ Munna Driver have been directed to be released on bail.
In view of the above new grounds, this Court is of the view that the applicant deserves bail.
The third bail application is allowed. Let the applicant Kushal Singh Deopa be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Nainital.
(Urgency Application No. 906 of 2011 also stands disposed of).