IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 27th day of November 2009 Ist Bail Application No.747 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Anil .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 494 of 2008, U/s 392, 411, 120-B I.P.C PS Rishikesh, District Dehradun. _______________________________________________________________ November 27, 2009 HON’BLE DHARAM VEER, J. Smt. Monica Pant, Advocate holding brief of Mr. Arvind Vashistha, Advocate for the accused applicant. Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant argued that the applicant has not been named in the FIR lodged on 27.10.2008. Three persons, viz., Brijesh @ Videsh, Praveen and Anil i.e. the applicant were arrested by the police on 4.12.2008. She further submitted that co- accused Praveen has been granted bail vide order dated 30.4.2009 passed by this Court. Another co-accused Brijesh @ Videsh has also been granted bail by this Court vide order dated 5.6.2009 and, therefore, the accused applicant is also entitled for bail on the basis of the parity. She lastly submitted that applicant is in jail since 4.12.2008 and trial is yet to conclude. After considering the submissions of learned Counsel for the parties; contents of the FIR; perusal of the documents filed by the parties and in view of the facts and circumstances of the case and without expressing any opinion on the final merits of the case, this Court is of the view that the accused applicant deserves bail at this stage. Let the applicant Anil 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.) 27.11.2009 PRABODH 2