IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Ist Bail Application No.226 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Narendra Gaud S/o Sri Dharam Pal Singh ..….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: March 25, 2010 ____________________________________________________________________ Arising out of Case Crime No.86 of 2005 Under Sections 376, 452, 511, 323 and 506 of IPC P.S. Jwalapur, District Haridwar ________________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Sunil Kumar Jain, learned counsel for the applicant as well as Sri Amit Bhatt, learned Additional G.A. for the State and also perused the record. Learned counsel for the applicant submitted that previously the applicant was on bail in the above-said case but as he could not appear before the court below on the date fixed, non-bailable warrants were issued against him and he was sent to jail. Apart from above, learned counsel for the applicant also submitted there was land dispute between the complainant and the applicant/accused and due to this reason he has been falsely implicated by the complainant in the said case. He further that the co- accused Amit Kumar had been granted bail by this High Court vide order dated 8.6.2005 and the present applicant is also entitled for bail on the basis of parity. It is further submitted that the applicant is a Constable in Police and there is no chance of absconding and tampering with the evidences. It is pleaded that the applicant is in jail since 11.1.2010 and the trial of the case has yet not been started. Having considered the submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion as to the final merits of the case, this Court is of the view that the applicant deserves bail at this stage. Let the applicant-Narendra Gaud be released on bail on his executing personal bond and also on furnishing two sureties in the like amount to the satisfaction of CJM, Haridwar. The bail application is disposed of. (Dharam Veer, J.) 25.03.2010 RG