IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 10th day of May, 2010 IInd B.A. No. 34 of 2010 Order on the bail application of accused CRIMINAL SIDE 1- Harish Sanwal S/o Gopal Sanwal 2- Ganesh Padalia S/o Khimanand Padaliya Both R/o village Chhotee Haldwani, P.S. Kaladhungi, District Nainital ..Applicants Vs. State of Uttarakhand .. Opp. Party -------------------------------------------------------------------- Arising out of F.I.R. No. 48/2009, U/Ss 147, 148, 149, 307, 302, 120-B/34, 412, 332, 396, 353, 333, 427, 436, 336 I.P.C. and U/S 7 Criminal Law Amendment Act and 3 P.P.D.P. Act, P.S. Kaladhungi, District Nainital. By the Court Hon’ble B.C. Kandpal, J. It is the second bail application on behalf of the applicants Harish Sanwal and Ganesh Padalia, as the first bail application was rejected by this Court vide order dated 05-11- 2009. Heard Sri R.S. Sammal, learned counsel for the applicants and Sri S.S. Adhikari, learned A.G.A. and perused the record. Learned counsel for the applicants by way of this second bail application has invited my attention that several co-accused in this case viz. Divya Prakash Dwivedi, Vinod Singh, Jeewan Singh Singh, and Ram Charan have been granted bail by the orders of this Court dated 23-03-2010. The role of the applicants is similar to that of the co-accused, who have been granted bail. By way of the supplementary affidavit the applicants have also stated that they do not have any criminal history. The State has filed the counter affidavit and in the counter affidavit this part has not been denied and further it has been submitted 2 in the supplementary counter affidavit that the applicants were not seen doing any unlawful activity in the video-footing and photographs, but the names of the applicants have come in light in the statement of a constable stating therein that the applicants were present at the spot. As the co-accused, whose role is similar to that of present applicants, have already been granted bail by the order of this court, therefore, the accused/applicants are also entitled to be released on bail on the ground of parity. In view of aforesaid facts and circumstances of the case, let the applicants Harish Sanwal and Ganesh Padalia be released on bail, on their executing a personal bond and two sureties each in the like amount to the satisfaction of C.J.M. Nainital. ISB (B.C. Kandpal, J. )