JUDGMENT : (Ravindra Maithani, J.) : Applicant Rohit Pande is in judicial custody in FIR No.343 of 2023, under Section 307, 504 and 506 IPC and Section 3/25 of the Arms Act, 1959, Police Station- Ramnagar, District- Nainital. He has sought his release on bail. 2. Heard learned counsel for the parties and perused the record. 3. This is the second bail application. The first bail application, being BA1 No.2337 of 2023, was rejected on 12.12.2023. 4. According to the FIR, on 28.07.2023, at 2.05 PM, the applicant fired at the informant and his friends, and, thereafter, he left the scene of occurrence while threatening the informant to life. 5. Learned counsel for the applicant would submit that the injured has not supported the prosecution case at trial, and other witnesses have also not supported the prosecution case. 6. Learned State Counsel admits this fact. 7. Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 8. The bail application is allowed. 9. Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. 10. In the instant case, the FIR has been lodged by the informant against the applicant naming him as the person, who fired at him, but, when examined as PW2, the informant Sunil Joshi has said that he does not know the applicant; the applicant did not fire at him. It makes out two situations. Either the FIR is false or PW2, Sunil Joshi, is giving false evidence. Therefore, this Court leaves it to the trial court to consider to proceed against PW2, Sunil Joshi, the informant, if it is expedient in the interest of justice to do so.