1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 22nd day of November, 2011 First Bail Application No. 1049 of 2011 Criminal Side Prem Ram S/o Sri Shiv Ram R/o village kishannagri Post Kathgodam District Nainital …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/Range Case No. 11 of Chhakhata11-12 Under Sections: 26 of Indian Forest Act, and U/S 3/55 (1) and section 58 of Biological Diversity Act, 2002. Police Station: Haldwani District: Nainital Hon’ble Prafulla C. Pant, J. Mr. Rajesh Joshi, Advocate, present for the applicant. Mr. S. S. Adhikari, A.G.A., present for the State. 2 Heard. Applicant–Prem Ram, who is in jail in connection with Crime/Range Case No. 11 of Chhakhata/11-12 Under Section 26 of Indian Forest Act, and under section 3/55 (1) and section 58 of Biological Diversity Act, 2002, Haldwani Forest Range, Western Circle Haldwani, has sought his release on bail. Sixteen logs of wood said to have been recovered from three persons, including the applicant. Learned counsel for the applicant submitted that applicant is a labour. On the other hand learned counsel for the state pointed out that applicant has criminal history. In reply to this learned counsel for the applicant submitted that because the applicant made complaint against the forest officials and due to that he is implicated in the criminal case again. He is in jail for last more than one and half month. It is argued that the Biological Diversity Act, 2002, has no application to the present case. Having considered submissions of learned counsel for the parties, and after going through the 3 papers on record, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Prem Ram, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Judicial Magistrate, Haldwani. (Prafulla C. Pant, J.) Dt.22.11.2011 Nahid