IN THE HIGH COURT OF UTTARAKHND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 26nd day of February 2008 Criminal Bail Application No. 165 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Rashid @ Sahil S/o Gayasuddin, R/o Samengarhi @ Roshangarh, P.S. Baleni District-Bagpat (U.P.) ……Applicant(In Jail) Versus State of Uttarakhand -------Opposite party ___________________________________________________ Arising out Case Crime No.240 of 2007 U/S.2/3 Gangster Act, P.S. Nehru Colony, District Dehradun. Hon’ble Dharam Veer, J. Heard Sri Lalit Tiwari, Advocate holding brief of Sri M.S. Tyagi, learned counsel for the applicant and Sri Harish Pujari, learned Addl. GA for the State. In brief the prosecution case is that in the gang chart four cases have been shown against the present applicant i.e. Case Crime No.46/07 U/s.379 I.P.C., P.S. Nehru Colony, District Dehradun, Case Crime No.50/07 U/s.379 I.P.C., P.S. Nehru Colony, District Dehradun, Case Crime No.Nil/07 U/Ss.41/102 Cr.P.C. & Section 411 I.P.C., P.S. Nehru Colony, District Dehradun and Case Crime No.61/07 U/s.379 I.P.C., P.S. Nehru Colony, District Dehradun. Learned counsel for the applicant has submitted that in all the four cases, which have been registered against the present applicant he has been released on bail. He has further submitted that in Case Crime No.Nil/07 U/Ss.41/102 Cr.P.C. & Section 411 I.P.C., P.S. Nehru Colony, District Dehradun, the applicant has been released on bail by the order of Sessions Judge, Dehradun on 9.10.2007. In Case Crime No.50/07 U/s.379 I.P.C., P.S. Nehru Colony, District Dehradun, the applicant has been released on bail by the order of Additional Sessions Judge II, Dehradun on 24.10.2007. In Case Crime No.46/07 U/s.379 I.P.C., P.S. Nehru Colony, District Dehradun, the applicant has also been released on bail by the order of Additional Sessions Judge II, Dehradun on 24.10.2207 and in Case Crime No.61/07 U/Ss.379/411 I.P.C., P.S. Nehru Colony, District Dehradun, the present applicant has also been released on bail by this Court on 11.01.2008. After considering all the facts and circumstances, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant Rashid @ Sahil be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Special Judge U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986 Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) 26.02.2008 Arti