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Judgment
Vivek Bharti Sharma, J
Since the controversy involved in these two bail applications is same, therefore, for the sake of convenience, these applications are being disposed of this common order.
Applicants Pawan Lal and Rahul Ghanela, who are in judicial custody in FIR No.174 of 2021, under Sections 302, 34 of IPC, Police Station Haldwani, District Nainital, have sought their release on bail.
Heard learned counsel for the parties and perused the material available on file.
Learned counsel for the applicants would submit that the main witnesses on which the prosecution relies upon their case in the charge sheet have been examined and they have not supported the case of the prosecution. He would submit that PW2 Jeevan Nayal, the alleged eye-witness of the case, has not supported the case of prosecution and PW3 Rahul Pandey, who as per the case of the prosecution and charge sheet, had identified the applicants/accused in the CCTV footage has also been examined and he too has not supported the prosecution case and rest of the witnesses are only hearsay witnesses.
Per contra, Ms. Manisha Rana Singh, AGA for the State would vehemently oppose the bail application, however, she does not dispute the facts as stated by counsel for the applicant.
In the circumspection of facts, without expressing any opinion about merits of the case before the Trial Court, this Court is of the view that this is a case for bail.
The bail applications are, accordingly, allowed. Let the applicants be released on furnishing bail bonds with two sureties, by each one of them, in the amount of ₹ 50,000/- and personal bond of the like amount to the satisfaction of the learned Trial Court.