IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 11th day of August, 2010 Ist Bail Application No. 670 of 2010 Order on the Bail Application: CRIMINAL SIDE Sanju Walia S/o Subhash Chand R/o Ward No. 2 Kaladungi P.S. Kaladungi, District Nainital. ………… Applicant Versus State of Uttarakhand ………… Opposite Party Arising out of Crime / FIR No. 46 of 2009 Under Sections: 147, 149, 395, 435, 336, 427, 109, 114, 120-B of I.P.C. / Sec. 7 Criminal LawAmendment Act / Sec. 3 of P.P.D.P. Act Police Station: Kaladhungi District: Nainital. Hon’ble Prafulla C. Pant, J. Mrs. Pushpa Joshi, Advocate, present for the applicant. Mr. M.A. Khan, Brief Holder, with Mr. B.S. Parihar, Brief Holder, present for the respondent State. Applicant Sanju Walia, who is in jail in connection with Crime / F.I.R. No. 46 of 2009, relating to offences punishable under Section 147, 149, 395, 435, 336, 427, 109, 114, 120-B of I.P.C., Section 7 of Criminal Law Amendment Act, and Section 3 of Prevention of Damage to Public Property Act (S.T. No. 151 of 2009), police station Kaladhungi, District Nainital, has sought his release on bail. 2 Heard learned counsel for the parties and perused the papers on record. Applicant is not named in the first information report. Learned counsel for the applicant submitted that the incident relates to the mob reaction due to murder of one Balwant Singh Kanyal, Block Pramukh. It is further submitted that applicant is in jail for almost one year. It is also pleaded that applicant does not figure in any of the still photograph or the video. In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail. The bail application is allowed. Let the applicant Sanju Walia be released on bail, in respect of Crime / F.I.R. No. 46 of 2009, police station Kaladhungi (S.T. No. 151 of 2009), on his executing a personal bond and furnishing two sureties, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Nainital. (Prafulla.C. Pant, J.) Dt. 11.08.2010 H.Negi