IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 8th day of December 2009 Ist Bail Application No.1137 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Dalip Singh @ Guddu ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 8, 2009 ____________________________________________________________________ Arising out of Case Crime No.3979 of 2009 Under Section 420, 467, 468 abd 471 of IPC P.S. Kirtinagar, District Tehri Garhwal ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Pradeep Hairiya, Advocate holding brief of Sri Rajendra Kotiyal, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. GA for the State and perused the record. Counter affidavit filed by the State be taken on 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 XXX Rum was recovered from vehicle no. UP 21 6906 and 40 bottles of rum were also recoverd from the possession of the applicant. He further submitted that the above said offence falls under Section 60/72 of Excise Act and in that offence the present applicant has already been released on bail. He further submitted that the applicant is not found the owner of the said vehicle and even he was not the driver of the said vehicle. 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 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-Dalip Singh @ Guddu be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Tehri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) 08.12.2009 RG