IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of November, 2011 1st Bail Application No.1046 of 2011 Order on the Bail Application: CRIMINAL SIDE Malkit Singh S/o Sri Ram Singh R/o Kalabuta P.S. Nanakmatta, District Udham Singh Nagar. ………Applicant Versus tate of Uttarakhand …… Opposite Party S Arising out of F.I.R. No. 84 of 2011 Under Section 25 Arms Act, olice Station-Nanakmatta, District Udham Singh Nagar. P Hon’ble Prafulla C. Pant, J. Mr. B.S. Parihar, Advocate, present for the applicant. Mr. S.S. Adhikari, A.G.A., present for the State. Heard. Applicant Malkit Singh, who is in jail in connection with F.I.R. No. 84 of 2011, relating to offence punishable under Section 25 Arms Act, Police Station- Nanakmatta, District Udham Singh Nagar, has sought his release on bail. One country made pistol and one live cartridge is said to have been recovered from the applicant. Though, the applicant is said to have a criminal history, but there is no public witness of the alleged recovery in the present case. Applicant is in jail for last more than two months. It is pleaded on behalf of the applicant that the applicant is suffering from Tuberculosis. 2 In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that applicant deserves bail. The bail application is allowed. Let the applicant Malkit Singh, be released on bail, on his executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) 22.11.2011 JM