IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of January 2008 Crl. Bail Application No. 54 of 2008 Order on the Bail Application of accused CRIMINAL SIDE Ajay Gupta S/o Sri Anand Prakash Gupta R/o New Adharsh Nagar P.S. Kotwali Roorkee District Haridwar. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Crime No. 346 of 2007 Under Sections: 3 / 7 E.C. Act. Police Station: Kotwali Roorkee District: Haridwar Hon’ble Dharam Veer, J. Heard Mr. K.S. Verma, learned counsel for the applicant and Mr. G.S. Sandhu, learned Government Advocate for the State. In brief, the prosecution story is that 39 domestic gas cylinders and three commercial gas cylinders were said to have been recovered from the possession of the accused-applicant on 10.10.2007, at 11:30 A.M. The FIR was lodged on the same day i.e. 10.10.2007, at 02:55 P.M. with police station Kotwali Roorkee, District Haridwar. Learned counsel for the applicant submitted that the said gas cylinders were not recovered from the possession of the applicant. It is further submitted on behalf of the applicant that he was not present at the time when search was conducted by the Supply Inspector. Lastly, it is submitted on behalf of the applicant that he is in jail since about 1 ½ months and he has got no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail, at this stage. Let the applicant Ajay Gupta be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Haridwar. (Dharam Veer, J.) Vacation Judge January 22, 2008 H.Negi