IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 25th day of January, 2010 Ist Bail Application No. 78 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Dhan Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 646/2009, U/s 9/39/51 of Wild Life (Protection) Act, PS Bhatrojkhan, District Almora. _______________________________________________________________ January 25, 2010 HON’BLE DHARAM VEER, J. Mr. C.S. Rawat, Advocate for the accused applicant. Mr. S.S. Adhikari, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant submitted that as per the averments made in the FIR, only the leopard skin has been recovered from the possession of the accused applicant. He further submitted that the alleged recovery is fake and planted and the accused applicant has been falsely implicated due to enmity. He also submitted that no weapon or tool has been shown to be recovered from the applicant accused and even the allegedly recovered leopard skin has been shown to be in a very ruined and dilapidated condition. He lastly submitted that the accused applicant has got no criminal history before this case and he is in jail since 12.11.2009. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record and in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Dhan Singh be released on bail on his executing a personal bond and furnishing of two sureties, each in like amount, to the satisfaction of Magistrate concerned. Bail application is allowed accordingly. (Dharam Veer, J.) VACATION JUDGE 25.1.2010 PRABODH 2