IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal IV Bail Application No.02 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Gurvir Singh @ Ladi S/o Sulakhan Singh R/o Sisaura Thana Khajuria Distt. Rampur ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of FIR No.76/08, U/Ss 2/9/39/50/51 Wild Life (Protection) Act 1972, P.S. Gadarpur District Udham Singh Nagar Dated: April 7, 2010 Hon’ble Dharam Veer, J. This is the fourth bail application moved by the applicant. The first application was rejected on merits on 10.9.2008; second one was disposed of on 7.8.2009 directing the trial court to decide the bail afresh while the third one was dismissed being infructuous on 21.12.2009. It is pertinent to mention here that the present application has wrongly been titled as the Fourth Bail Application for the reason that all the above said three bail applications were decided by this Court either during the pendency of investigation or trial. Now, the case has been finally decided whereby the applicant/accused has been convicted and sentenced by the trial court. After passing of the judgment of trial court, this is the first bail application moved by the applicant before this Court. Heard Mr. Siddhartha Sah, learned counsel for the applicant and Mr. Prabhakar Joshi, learned Brief Holder for the State. Learned counsel for the applicant has argued that the applicant was convicted u/s 51 of Wild Life (Protection) Act, 1972 for three years’ R.I. with fine of Rs.10,000/- by CJM, U.S. Nagar on 13.10.2009 against which he preferred an appeal along with application for bail. Learned Addl. Sessions Judge/I FTC Rudrapur, U.S. Nagar on 11.3.2010 has rejected the bail on the ground that there are chances of absconding of the applicant, if he would be released on bail. He further submitted that he is in jail since last 21 months and he is ready to furnish sureties of heavy amount that he would appear on each and every date at the time of arguments of appeal and he would not delay the proceedings in the appeal if he would be released on bail. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record and also perusing the judgment and order dated 13.10.2009 passed by CJM, U.S. Nagar and order dated 11.3.2010 passed by Addl. Sessions Judge/I FTC, Rudrapur, without expressing any opinion about the final merits of the appeal before the Additional Sessions Judge, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant Gurvir Singh @ Ladi be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., U.S. Nagar. The bail application is allowed accordingly. 7.4.2010 Rajeev Dang (Dharam Veer, J.)