IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: May 25, 2011 First Bail Application No.242/2011 Order on the bail application of accused. CRIMINAL SIDE 1. Gama S/o Sri Mohd. Alam R/o Malai Khad, Adnala Block, Kaks No.2, Rikhni Khal, District Pauri Garhwal 2. Ali Jan S/o Firoz R/o Gendi Khata, Basti, P.S. Shaympur, District Haridwar … Applicants Versus State of Uttarakhand … Opposite Party. Arising out of Forest Crime No.4/Mandal/2010-11 u/s 9, 39, 44, 51, 52 of Wildlife Protection Act P.S. Forest Department Mandal Range, Ramnagar, District Nainital Hon’ble Prafulla C. Pant, J. Smt. Pushpa Joshi, Advocate, present for the applicants. Sri M.A. Khan, Brief Holder, present for the State. Heard. Applicants Gama and Ali Jan, who are in jail in connection with Forest Crime No.4/Mandal/2010- 11, relating to offences punishable u/s 9, 39, 44, 51, 52 of Wildlife Protection Act, Police Station Forest Department Mandal Range, Ramnagar, District Nainital, have sought their release on bail. 2 The applicants are in jail for last more than three months. Ivory piece is said to have been found from the possession of the applicant no.1 Gama a KHADKA (an instrument for poaching) is said to have been found from the possession of applicant no.2 Ali Jan. Learned counsel for the applicants submitted that there is no criminal history of the applicants. It is further pointed out that there is no public witness of the alleged recovery. In the above circumstances, without expressing any opinion as to final merits of the case, this court is of the view that the applicants deserve bail. The bail application is allowed. Let the applicants Gama and Ali Jan be released on bail on executing personal bond by each one of them and furnishing two sureties by each one of them, each of like amount, to the satisfaction of Judicial Magistrate, Ramnagar. (Urgency Application No.2014/2011 stands disposed of). (Prafulla C. Pant, J.) 25.5.2011 Rajni 2