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Judgment
Hon''ble Prafulla C. Pant, J.—Mr. D.N. Sharma, Advocate, present for the applicant. Mr. M.A. Khan, Brief Holder, present for the State.
Heard.
Applicant Subhash, who is in jail in connection with Crime No. 160 of 1999 (Crime Case No. 252 of 2010), relating to offences punishable u/s 147, 148, 323, 307, 427, 504 I.P.C., Police Station- Rudrapur, District Udham Singh Nagar, has sought his release on bail.
The first bail application was dismissed for non prosecution on 13.09.2011.
This is second bail application, which is argued on merits.
Applicant is in jail for last more than one year. It is further submitted that meanwhile, PW-1 Nisar Khan (complainant) and PW-2 Madan Lal (injured) have not supported the prosecution case and turned hostile.
In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that now applicant deserves bail. The second bail application is allowed. Let the applicant Subhash, be released on bail, on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Udham Singh Nagar. (Urgency Application No. 1411 of 2012, stands disposed of).