IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 27th day of November 2009 2nd Bail Application No.51 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Irshad .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 15 of 2008, U/s 394, 332, 353, 379, 411 IPC, u/s 26 Forest Act and u/s 2/3 UP Gangsters & Anti-Social Activities (Prevention) Act, 1986 PS Kaladhungi, District Nainital. _______________________________________________________________ November 27, 2009 HON’BLE DHARAM VEER, J. Mr. M.S. Pal, Sr. Advocate assisted by Mr. D.N. Sharma, Advocate for the accused applicant. Mr. M.A. Khan, Brief Holder for the State. Learned Counsel for the accused applicant submitted that 1st bail application of the accused applicant Irshad and another co-accused Bagghar was rejected by this Court vide order dated 22.10.2008. He further submitted that both the accused applicant and co-accused Bagghar have been assigned similar role in the FIR as well as in the investigation and co-accused Bagghar has been granted bail vide order dated 28.4.2009 passed by this Court on his second bail application and, therefore, the present accused applicant is also entitled for bail on the basis of the parity. He has also argued that the accused applicant is in jail since 17.6.2008 and the trial is yet to conclude. Having considered the submissions of learned Counsel for the parties; perusal of the contents of the FIR and documents filed by the parties; considering the facts and circumstances of the case and in view of the facts disclosed in the second bail application and without expressing any opinion on the final merits of the case, this Court is of the view that the accused applicant deserves bail at this stage. Let the applicant Irshad be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of CJM, Nainital. Bail application is allowed accordingly. (Dharam Veer, J.) 27.11.2009 PRABODH 2