IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 20th day of June, 2008 First Bail Application No. 316 of 2008 Criminal Side Sanjay Ghai S/o Sri Devki Nandan Ghai..……... Applicant Versus State of Uttarakhand ………. Opposite Party Arising out of Crime No. 5 of 2008 Under Sections: 2/3 of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 P.S.: Raipur District: Dehradun. ________________________________________________________________________ Hon’ble V.K. Gupta, C.J. Mr. Alok Singh, Senior Advocate with Mr. Pratiroop Pandey and Ms. Mamta Joshi, Advocates for the applicant / petitioner and Mr. Nandan Arya, learned Asst. Government Advocate appearing for the respondent State. 2. I have gone through the contents of the F.I.R. very minutely as well as the counter affidavit filed by the respondent. I have also gone through the annexures filed along with the counter affidavit. Rejoinder affidavit filed on behalf of the petitioner has also been perused. Looking to the allegations against the petitioner in the F.I.R. as well as the explanations attempted to be offered by the respondent in the counter affidavit and in the annexures and applying the provisions of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, especially the definitions of the expressions “gang” and “gangster” occurring in sub-sections (b) and (c) of Section 2 of the said Act, apparently it is a fit case, where the petitioner should be released on bail because this Court does feel that the nature of the 2 allegations against the petitioner is such that in the facts and circumstances, the petitioner does deserve to be released on bail. 3. The petition accordingly is allowed. The petitioner is directed to be released on bail on his executing a bail bond with two sureties, each in the like amount, to the satisfaction of Special Judge, Dehradun. (V.K. Gupta, C. J.) 20.06.2008 G