IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 24th day of December, 2009 Ist Bail Application No.1006 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Mumtaz .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 270-A of 2000, U/s 223, 224, 394 I.P.C PS Kotwali Nagar, District Haridwar. _______________________________________________________________ December 24, 2009 HON’BLE DHARAM VEER, J. Mr. Manish Arora, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. In brief, the prosecution case is that the accused applicant escaped from the police custody on 17.4.2000 and was arrested thereafter on 18.3.2009 in case crime no. 106/2009 u/s 307 IPC and case crime no. 107/2009 u/s 25 Arms Act, PS Manglore. Learned Counsel for the accused applicant submitted that in both the aforesaid cases, the applicant has been acquitted by the Additional Sessions Judge, Roorkee vide judgment and order dated 8.10.2009. He further submitted that as the applicant has been acquitted in the case in connection of which he was arrested on 18.3.2009 and even the rifle which was looted on 17.4.2000 was not recovered from the possession of the applicant, which was recovered on 9.6.2000 from Gangnahar on the pointing out of co-accused Amarjeet Singh @ Bablu and, therefore, the accused applicant is entitled for bail at this stage. He also submitted that the applicant had got no criminal history against him before this case, who is in jail since 18.3.2009. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the fact that the accused applicant has been acquitted in the cases in connection with which he was arrested on 18.3.2009 and in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Mumtaz be released on bail on his executing a personal bond and furnishing of two sureties each in like amount to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) 24.12.2009 PRABODH 2