IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 10th day of March, 2010 Urgency Application No. 850/2010 Ist Bail Application No. 60 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Ram Bhawan .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 646/2009, U/s 2(Kha)2(11)/3 UP Gangster & Antisocial Activities (Prohibition) Act, 1986, PS Rishikesh, District Dehradun. _______________________________________________________________ March 10, 2010 HON’BLE DHARAM VEER, J. Mr. K.S. Verma, Advocate for the applicant. Mr. M.A. Khan, Brief Holder for the State. In view of the reasons mentioned in the accompanying affidavit, urgency application is allowed. Heard on the bail application of the accused applicant. A gang chart has been annexed as Annexure No. 1 to the counter affidavit filed on behalf of the State, wherein four cases have been shown to be registered against the accused applicant with PS Rishikesh. These are Case Crime No. 161/07 u/s 60/72(2) Excise Act; Case Crime No. 162/07 u/s 2/3 Gangster Act; Case Crime No. 597/08 u/s 60 Excise Act and Case Crime No. 622/09 u/s 60 Excise Act. Learned Counsel for the accused applicant submitted that the applicant has got bail in all the aforesaid four cases and he filed the report sought under the Right to Information Act wherein it has been stated that the applicant is on bail in Case Crime Nos. 161/07; 597/08 and 622/09 u/s 60 Excise Act. He has also filed certified copy of the order dated 20.4.2007 whereby the applicant has been granted bail in Case Crime No. 162/07 u/s 2/3 Gangster Act by the Special Judge/Gangster Act, Dehradun. Learned Counsel for the accused applicant also argued that the applicant has been falsely implicated in the present case, who is in jail since 1.11.2009. 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 applicant deserves bail at this stage. Let the applicant Ram Bhawan be released on bail on his executing a personal bond and furnishing of two sureties, each in like amount, to the satisfaction of Special Judge, UP Gangster & Antisocial Activities (Prohibition) Act, 1986, Dehradun. Bail application is allowed accordingly. (Dharam Veer, J.) 10.3.2010 PRABODH 2