IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 18th day of March, 2010 Ist Bail Application No. 17 of 2010 Order on the Bail application of the accused. CRIMINAL SIDE Balvinder @ Billu & Another .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party With Ist Bail Application No. 48 of 2010 (Urgency Appl. 1022/2010) Order on the Bail application of the accused. CRIMINAL SIDE Ajay Verma .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 88/2009, U/s 420 IPC & 60/72 of Excise Act, PS Shyampur, District Haridwar. _______________________________________________________________ March 18, 2010 HON’BLE DHARAM VEER, J. Since both these bail applications pertain to the same crime number involving the same offence, hence both these bail applications are being disposed of vide this common order. Heard Mr. Parikshit Saini, Advocate for the applicants and Mr. MA Khan, Brief Holder for the State. Learned Counsel for the accused applicants submitted that as per the prosecution case, 1224 bottles of liquor were recovered on 22.11.2009 from the truck in question, which was allegedly being driven by the accused applicant Balvinder @ Billu while another accused applicants Laeek and Ajay Verma were also sitting in the rear side of the truck. He further submitted that the alleged recovery is planted one and the applicants are not the owner of the said truck. He further submitted that the only offence under Section 60/72 of the Excise Act is made out against the applicants on the basis of the averments made in the FIR. He lastly submitted that applicants are in jail since 22.11.2009. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record; in view of the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicants deserve bail at this stage. Let the applicants Balvinder @ Billu, Laeek and Ajay Verma be released on bail on executing a personal bond and furnishing of two sureties, each in the like amount, by each of the applicants to the satisfaction of Magistrate concerned. Both the bail applications are allowed accordingly. Urgency application also stands disposed of accordingly. (Dharam Veer, J.) 18.3.2010 PRABODH 2