IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital : the 10th day of May 2005 Criminal Misc. Bail application no.365/ 2005 Order on the bail application of accused CRIMINAL SIDE Usman S/o Shri Bundu R/o village Nagalsoti P.S. Nagalsoti District Bijnor (U.P.) …Applicant Versus State of Uttaranchal …Opposite Party Arising out of case crime No.177/2005 U/s 25 of Arms Act registered on the basis of F.I.R. dated 6.2.2005 P.S. Kotdwar District Pauri Garhwal AND Criminal Misc. Bail Application No. 366/2005 1. Wazid S/o Shri Shafat 2.Usman S/o Shri Bundu Both R/o village Nigalsoti P.S. Nagalsoti District Bijnor ( U.P.) …Applicants Versus State of Uttaranchal ….Opposite party Arising out of case crime No. 176/2005 U/s 307 I.P.C. Registered on the basis of F.I.R. dated 6.2.2005 P.S. Kotdwar District Pauri Garhwal Case crime No. 175/2005 U/s 411 I.P.C. Case crime No. 177/2005 U/s 25 of the Arms Act Case crime No. 178/2005 U/s 25 of the Arms Act AND Criminal Misc. Bail Application No. 367/2005 1. Wazid S/o Shri Shafat 2. Usman S/o Shri Bundu Both R/o Village Nigalsoti P.S. Nagalsoti District Bijnor (U.P.) ….Applicants Versus State of Uttaranchal …Opposite party Arising out of Case Crime No. 175/2005 U/Ss 379, 411 I.P.C. Registered on the basis of F.I.R. dated 4.2.2005 P.S. Kotdwar District Pauri Garhwal AND Criminal Misc. Bail Application No. 368/2005 Wazid S/o Shri Shafat R/o Village Nigalsoti P.S. Nagalsoti District Bijnor (U.P.) …..Applicants Versus State of Uttaranchal …Opposite party Arising out of Case Crime No. 178/2005 U/s 25 of Arms Act Registered on the basis of FIR dated 6.2.2005 P.S. Kotdwar District Pauri Garhwal Hon’ble J.C.S. Rawat, J. Heard Sri R.P. Nautiyal learned counsel for the applicants and learned A.G.A. for the State. I have gone through the case-diary as well as the recovery memo. According to the F.I.R. Sattar is the main accused and the present applicants were sitting on the tractor alongwith Satter. It has been alleged that the accused fired upon the police party, but the learned counsel for the applicant contended that there is no injury on the person of the police party. Considering the facts and circumstances of the case, I am of the view that the case of the present applicants is different from the main accused. Let the applicants–accused be released on bail on executing a personal bond each and two sureties each in the like amount to the satisfaction of the C.J.M. concerned. (J.C.S. Rawat, J.) Dated 10.5.2005 LSR