IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 26th day of February 2008 Criminal First Bail application no. 167 of 2008 Order on the Bail application of accused. CRIMINAL SIDE 1. Dilshad S/o Bhassu, 2. Kalwe Hasan S/o Bhassu, Both r/o Nagaliya Akil (Kafila Akil) P.S. Ajeemnagar, District Rampur, 3. Kalwa S/o Nasrat Ansari, r/o Ratna Ki Madiya, P.S. Bazpur, District Udham Singh Nagar. …Applicant Versus State of Uttaranchal …Opposite party Arising out of case crime no. 2823/06 U/Ss, 147,148,149,324,452,302 and Crime No. 2908/06 U/s 4/25 Arms Act, Police Station- Bazpur, District Udham Singh Nagar. Hon’ble Dharam Veer, J. Heard, Smt. Pushpa Joshi learned counsel for the applicant/ accused and Sri Harish Pujari,, learned Addl. Govt. Advocate for the State The prosecution case, in brief, is that the applicant Dilshad, Kalwe Hasan and Kalwa who are in jail in connection with the case crime no. 2823/06 relating to offences u/s 147,148,149,324,452,302 I.P.C. Police Station Bazpur have sought their release on bail and the applicant Kalwa is also in jail in case crime no. 2908/06 u/s 4/25 Arms Act, Police Station Bazpur, District Udham Singh Nagar. Learned counsel for the applicant has submitted that the applicants are not named in the F.I.R. It is further submitted that the co-accused Sageer Ahmad had been released on bail by this Court on 26.02.07 and the co-accused Rafeek Ahmad has been released on bail by this Court on 20.04.07 and the other c0-accused Daleep Singh has been released on bail by this Court on 8th May, 2007. Therefore, the applicants are also entitled to bail on the basis of parity. After considering all the facts and circumstances and without expressing any opinion about the final merits of the case, the court is of the view that the applicant deserves bail at this stage. Let the applicant/accused Dilshad, Kalwe Hasan and Kalwa be released on bail each on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Udham Singh Nagar. And the applicant Kalwa be also released on bail in case crime no. 2908/06 u/s 4/25 Arms Act, P.S. Bazpur on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the C.J.M. Udham Singh Nagar. The bail application is disposed of accordingly. (Dharam Veer, J.) February 26, 2008: NCM: