IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 18th day of August, 2011 1st Bail Application No. 648 of 2011 Order on the Bail Application: CRIMINAL SIDE Kashi Singh Raypa, S/o Late Sri Jeet Singh Raypa, R/o Tehsil Road, Dharchula, District –Pithoragarh, Uttarakhand ………Applicant Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime.No./F.I.R. No. 9 of 2011, Under Section 26 Indian Foresh Act, 1927, Police Station Jauljivi, District Pithoragarh Hon’ble Prafulla C. Pant, J. Mr. Lokendra Dobhal, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. Heard. Applicant Kashi Singh Raypa, who is in jail in connection with Crime /F.I.R. No. 9 of 2011, relating to offence punishable under Section 26 Indian Forest Act, 1927, Police Station- Jauljivi, District Pithoragarh has sought his release on bail. Applicant is said to have been found in possession of Cordyceps Sinensis (Yarsa Gambu) a forest produce,weighing 2.100 Kg. Learned counsel for the applicant pleaded that applicant had valid permission to transport the forest produce after he deposited fee of ` 16,000/- in favour of the Van Panchayat on 08.07.2011. He 2 further pointed out that up to the limit of 4kg. with the permit possessed by the applicant, he had a right to carry the item. He has no criminal history. In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Kashi Singh Raypa, be released on bail on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Chief Judicial Magistrate, Pithoragarh. (Prafulla C. Pant, J.) 18.08.2011 JM