IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.436 of 2010 Order on the Bail application of accused CRIMINAL SIDE Afjal @ Ikbal S/o Jannat Ali @ Khalil R/o Niyasipura, Nai Basti Kotwali Muzaffarnagar U.P. ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of Case Crime No.2 of 2008, U/s 392/411 IPC, P.S./Patti Ajmer Palla-I, Sub District Kotdwar, District Pauri Garhwal Dated: April 17, 2010 Hon’ble Dharam Veer, J. Heard Mr. Rajeev Sharma , Adv. for the applicant and Mr. Amit Bhatt, learned Addl. G.A. for the State. Learned counsel for the applicant argued that he is not named in the FIR and the said incident was said to be happened on 3.10.2008 and he was arrested by the police on 18.10.2008 and at the time of arrest, he was booked u/s 307 IPC and also u/s 25 of the Arms Act, 1959 and in those cases, he has been acquitted by the court of Additional Sessions Judge, Bijnaur vide judgment and order dated 21.1.2010 and on the basis of this, he stated that the arrest of the applicant has become doubtful as he has been acquitted by the trial court for the charge on which he was arrested on the spot. Further, he is in jail since 18.10.2008 and the trial has yet not been concluded. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, 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 the applicant Afjal @ Ikbal be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Pauri Garhwal. The bail application is allowed accordingly. 17.04.2010 Rajeev Dang (Dharam Veer, J.)