IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of March, 2010 Ist Bail Application No. 53 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Bablu .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 3979/2009, U/s 420, 467, 468, 471 IPC, PS Kirti Nagar, District Tehri Garhwal. _______________________________________________________________ March 18, 2010 HON’BLE DHARAM VEER, J. Mr. Kurban Ali, Advocate for the applicant. Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant submitted that as per the averments made in the FIR, on 10.10.2009 at about 10 am, 340 bottles of liquor were recovered from the vehicle no. UP 21 V 6906, which was allegedly being driven by the accused applicant. He further argued that the abovesaid offence falls under Section 60/72 of Excise Act and in that offence the applicant has already been granted bail. He further submitted that co-accused Daleep Singh @ Guddu and Keshar Singh have been granted bail by this Court vide order dated 8.12.2009 and 10.12.2009 respectively and the present accused applicant is also entitled for bail on the basis of the parity. He lastly submitted that the applicant has got no previous criminal history, who is in jail since 10.10.2009 and the trial of the case is yet to start. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Bablu be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Tehri Garhwal. Bail application is allowed accordingly. (Dharam Veer, J.) 18.3.2010 PRABODH 2