1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 13th day of October, 2011 First Bail Application No. 886 of 2011 Criminal Side 1. Malkeet Singh S/o Jarnail Singh 2. Nirmal Singh S/o Amar Singh Both R/o village Bichai P.S.Nanakmatta District Udham Singh Nagar 3. Jaspal Singh S/o Sri Man Singh R/o Chitalbagh P.S.Nanakmatta District Udham Singh Nagar ….Applicants (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/ F.I.R. No. 576 of 2004 Under Sections: 398, 401 of I.P.C. Police Station: Nanakmatta District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. 2 Mr. J.S.Virk, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. Heard. Applicants– Malkeet Singh, Nirmal Singh and Jaspal Singh, who are in jail in connection with Crime No. 576 of 2004, relating to offences punishable under section 398 and 401 of I.P.C, (Sessions Trial No. 63 of 2005) police station Nanakmatta, District Udham Singh Nagar, have sought their release on bail. The applicants were earlier granted bail. It is pleaded on behalf of the applicants that they were continuously present before the trial court during the trial for last five years, but on one day when they were absent, their counsel could have move an application for exemption through counsel. Consequently, warrants were issued against the applicants and after their re- arrest, now they are in jail for last more than three months. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view, that applicants deserve bail. 3 The Bail Application is allowed. Let the applicants- Malkeet Singh, Nirmal Singh and Jaspal Singh,, be released on bail on executing fresh personal bond by each one of them, and furnishing fresh two sureties, for each one of them, each of the like amount, to the satisfaction of court concerned. (Prafulla C. Pant, J.) Dt.13.10.2011 Nahid