IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 15th day of December 2009 Ist Bail Application No.1222 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Gauri Shankar S/o R.C. Thapliyal ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: December 15, 2009 ____________________________________________________________________ Arising out of Case Crime No.2773/2009 Under Section 292 of IPC and Section 4/6 of the Indecent Representation of Women (Prohibition) Act, 1986 and Section 67 of Information Technology Act, 2000 Thana Kotdwar, District Pauri Garhwal ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Kurban Ali, learned counsel for the applicant as well as Sri Amit Bhatt, learned Addl. GA for the State and also perused the record. Learned counsel for the applicant submitted that as per the averments made in the F.I.R., one obscene CD has been shown to be recovered from the possession of the applicant. He further submitted that no specific allegation has been made against the applicant for the offence in which he was sent to the jail. He further submitted that the main accused in the case is Vishwaraj Rajput who has also been assigned the main role in the above-said offence. He further submitted that the co-accused Lokendra Kumar Saini @ Lakki has been released on bail by the order of this Court dated 1.12.2009 and the present applicant is also entitled for bail on the basis of parity. It is further submitted that the applicant is in jail since 8.11.2009 and he has got no previous criminal history. After considering all the facts and circumstances; on hearing learned counsel for the parties; on perusal of the contents of the F.I.R. and other papers available in file, without expressing any opinion about the final merits of the case, this Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Gauri Shankar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Magistrate concerned. The bail application is disposed of accordingly. (Dharam Veer, J.) 15.12.2009 RG