IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 10th day of October, 2011 Seventh Bail Application No. 01 of 2011 Criminal Side Virendra Singh Bisht S/o Late Bachan Singh Bisht R/o 14 Bigha, Rajeev Gram, Dhalwala P.S. Munkreti, Tehri Garhwal Presently U.S.D. Manrega Cell Pauri, District Pauri ……...Applicant ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 347 of 2010 Under Section: 120B and 409 IPC Police Station Pauri District Pauri Garhwal -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Navnish Negi, Advocate, present for the applicant. Mrs. Mamta Bisht, A.G.A., present for the State. Applicant- Virendra Singh Bisht, who is in jail in connection with crime no. 347 of 2010, relating to offences punishable under section 120B and 409 IPC, Police Station Pauri, District Pauri Garhwal, has sought his release on bail. -2- Heard learned counsel for the parties. First bail application was rejected by this Court on 3.06.2010, on merits. Second bail application was rejected on 01.09.2010, as no one argued the said bail application on behalf of the applicant. Third bail application was short term bail application. Fourth and fifth bail applications were dismissed as withdrawn. Sixth bail application was rejected on 18.04.2011. This bail application was argued on two new grounds. Firstly, now co-accused Lokesh who was said to be main accused has been directed to be released on bail by this Court on 05.05.2011. The second new ground argued before this Court is that after rejection of first bail application on merits in June 2010, now for more than one year applicant is languishing in jail, and it is a case triable by the Magistrate. Considering the above two new grounds i.e., the period for which now the applicant is languishing in jail, and the fact that co-accused Lokesh has been granted bail, in the opinion of this Court, without expressing any opinion as to final merits of the case, this Court is of the view that applicant deserves bail. Therefore, this bail application is allowed. Let the applicant Virendra Singh Bisht be released on bail on executing personal bond, and furnishing two -3- sureties each of like amount to the satisfaction of Chief Judicial Magistrate, Pauri Garhwal. (Prafulla C. Pant, J.) Parul 10.10.2011