IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 11th day of July 2005 Criminal Misc. Bail Application No. 601/2005 Order on the bail application of accused CRIMINAL SIDE 1. Amit Kumar S/o Shri Diwani Ram 2. Smt. Rani W/o Amit Kumar (L.G.C. – 10 Great Noida) Both R/o C-10 L.G. Housing Society Sector Pai, Greater Noida, U.P. ........Applicants Versus State of Uttaranchal ............Opposite Party Arising out of case crime No.3 of 2005 U/s 147, 148, 149, 323, 332, 336, 342, 353, 427, 436 I.P.C., Section 4 of Prevention of Damage to Public Property Act and section 7 of Criminal Law Amendment Act P.S. Patti Aswalseui-1 Tehsil & District Pauri Garhwal ________________________________________________________ Hon’ble J. C. S. Rawat, J. Heard Sri Rajendra Singh learned counsel for the applicants and learned A.G.A. for the State. Perused the record. The learned counsel for the applicants contended that the role to cause damage to the public property has not been assigned to the applicants in the FIR. This is a case of rioting and the applicant no.2 is a lady. The learned A.G.A. fairly conceded that the participation of applicants in the offence under section 436 I.P.C. has not been indicated by any of the witness. Considering the facts and circumstances, it is fit case for bail. Let the applicants-accused be released on bail on executing a personal bond each and two sureties each in the like amount to the satisfaction of the C.J.M. concerned. Dated 11.07.2005 (J.C.S. Rawat, J.) LSR