1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 19th day of August, 2011 First Bail Application No. 657 of 2011 Criminal Side 1. Bhupendra Prasad S/o Ani Ram R/o Village Dhungatoli P.S.Baluwakot, District Pithoragarh 2. Harendra Panwar S/o Bhakhtawar Panwar R/o Village Bak Patti, Mandoli (Tharali), District Chamoli Garhwal 3. Krishan Verma S/o Shri Vijendra Verma R/o Village Gwalgaon P.S.Dharchula, District Pithoragarh ….Applicants (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No 10 of 2011 Under Sections: 26 Forest Act Police Station: Joljivi District: Pithoragarh Hon’ble Prafulla C. Pant, J. 2 Mr. B.M.Pingal, Advocate, present for the applicants. Mr. G.S.Sandhu,G.A., present for the State. Heard. (2) Applicants– Bhupendra Prasad, Harendra Panwar and Krishan Verma, who are in jail in connection with Crime. No. 10 of 2011 relating to offence punishable under section 26 Forest Act, police station Joljivi, District Pithoragarh, have sought their release on bail. (3) Applicants are said to have been found carrying paris polyphilla (Satuwa) 54 kg, which is forest produce. Learned counsel for the applicants submitted that not only the aforesaid medicinal herb grows in jungle, but also in the fields of the villagers. (4) Having considered submissions of learned counsel for the applicants, and learned counsel for the state, without expressing any opinion as to final merits of the case, this court is of the view, that applicants deserve bail. (5) The Bail Application is allowed. Let the applicants- Bhupendra Prasad, Harendra Panwar and 3 Krishan Verma be released on bail on executing personal bond by each one of them, and furnishing two sureties, for each one of them, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Pithoragarh. (Prafulla C. Pant, J.) Dt.19.08.2011 Nahid