IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of December 2009 Ist Bail Application No.1146 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Keshar Singh S/o Udai Singh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 10, 2009 ____________________________________________________________________ Arising out of Case Crime No.3979/2009 Under Sections 420, 467, 468 and 471 of IPC P.S. Kirti Nagar, District Tehri Garhwal ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Kurban Ali, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. GA for the State and also perused the record. Learned counsel for the applicant has submitted that as per the averments made in the F.I.R. on 10.10.2009 at about 10 AM 340 bottles of liquor were recovered from the vehicle no. UP 21 6906 and out of 340 bottles, 40 bottles were recovered from the possession of the present applicant. He further submitted that the above said offence falls under Section 60/72 of Excise Act and in that offence the applicant has already been released on bail. He further submitted that the applicant is neither the owner of the said vehicle nor the driver of the said vehicle. It is further submitted that the co-accused Dalip Singh @ Guddu has already been released on bail by the order of this Court dated 8.12.2009 and the present applicant is also entitled for bail on the basis of parity. He further submitted that the applicant has no criminal history; he is in jail since 10.10.2009 and the trial of the case has yet not been started. After considering all the facts and circumstances; hearing learned counsel for the parties; on perusal of the contents of the F.I.R. and other papers available in file, without expressing any opinion about the final merits of the case, this Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Keshar Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Tehri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) 10.12.2009 RG