IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 29th day of March, 2005 Bail Application No. 272 of 2005 Order on Bail Application of accused CRIMINAL SIDE Niyaz Khan @ Bhayyu S/o Late Gulam Khan R/o Chaurgalia Road Line No. 10 Azad Nagar Police Station- Haldwani District-Nainital .........Applicant Versus State of Uttaranchal ..........Opposite Party -------------------------------------------------------------------------------------------- Arising out of case No. 3703 of 2004 U/Ss 387 I.P.C. & 2/3 Gangster Act Police Station-Haldwani District-Nainital -------------------------------------------------------------------------------------------- Hon’ble B.C. Kandpal, J. The applicant has applied for bail in case crime no. 3703 of 2004, U/Ss 378 I.P.C. & 2/3 Gangster Act, Police Station-Haldwani, District- Nainital. Heard Smt. Pushpa Joshi, learned counsel for the applicant, learned A.G.A. and perused the record. Perusal of the F.I.R. reveals that neither the gangster chart nor the number and details of cases pending against the applicant have been shown. Therefore, the conclusion which can be drawn at this stage is that the challan u/s 2/3 Gangster Act is made on the basis of single case, i.e., 387 I.P.C. Without entering into the merit of the case, I am of the view that it is a fit case for bail at this stage. Let the applicant, Niyaz Khan be released on bail on executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. concerned. (B.C. Kandpal, J.) March 29, 2005 Shiv