IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Original Jurisdiction Dated: Nainital the 22nd day of January ,2003 Criminal Misc. Second Bail Application Number 1225of 2002 Order on the Bail Application CRIMINAL SIDE (1) Ishtaqeem son of Sri Nasir, (2) Shammi son of Shaukat, both residents of village Ahmadpur,P.S. Bhojpur, District Moradabad, (3) Shafiq son of Wahid, (4) Rehmat Ali son of Nanhey, both residents of village Dhakia, P.S. Dilari, District Moradabad, (5) Akram son of Permud-din, (6) Sajid Ali son of Wahid alias Jahid, r/o Milak Jhandewali, P.S. Moondapande,District Moradabad and (7) Mohammad Rafi son of Shaukat Hussain, r/o village Ahmadpur, P.S. Bhojpur, District Moradabad ………………Applicant(s) Versus State of Uttaranchal. ………………..Opposite Party Arising out of- Case crime no. 1797 of 2002, Under sections 379, 411 of I.P.C., P.S. Kotwali Almora, District Almora By the Court Hon’ble Irshad Hussain, J. Heard the learned counsel for the applicant-accused and the Government Advocate on the second bail application moved on behalf of the applicants-accused. It is informed that no porosecution witness has been examined in the trial despite the trial being pending since few months. The case is triable by Magistrate. Considering the facts and circumstances of the case, in my opinion it is a fit case for bail. Let the applicants (1) Ishtaqeem son of Sri Nasir, (2) Shammi son of Shaukat, both residents of village Ahmadpur, P.S. Bhojpur, District Moradabad, (3) Shafiq son of Wahid, (4) Rehmat Ali son Nanhey, both residents of village Dhakia, P.S. Dilari, District Moradabad, (5) Akram son of Permud-din, (6) Sajid Ali son of Wahid alias Jahid, r/o Milak Jhandewali, P.S. Moondapande, District Moradabad and (7) Mohammad Rafi son of Shaukat Hussain, r/o village Ahmadpur, P.S. Bhojpur, District Moradabad be released on bail in case crime no.1797 of 2002, under sections 379, 411 of I.P.C., P.S. Kotwali Almora, District Almora on their each filing a personal bond and adequate sureties each to the satisfaction of C.J.M., Almora. (Irshad Hussain, J.) 22.01.03./B.