IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 28th November, 2008 Order on the bail application of accused Criminal First Bail Application No.948 of 2008 CRIMINAL SIDE Mone S/o Tilak Ram Kashyap. … Applicant Versus State of Uttarakhand … Opposite Party Arising out the Case Crime No. 17/2007 Under Sections: 2/3 U.P. Gangster & Antisocial Activities (Prevention) Act, 1986. P.S. Kotwali Gangnaher, Roorkee, District Haridwar. _______________________________________________________ Hon’ble J.C.S. Rawat, J. Heard Mr. Rajendra Singh, Advocate for the applicant, Mr. Amit Bhatt, Addl. G.A. for the respondent-State & also perused the record. On due consideration of the submission of the learned counsel for the parties; the fact that according to the gangchart, four cases are registered against the accused-applicant namely, Case Crime No. 83/2006 u/s 41/109 Cr.P.C., Case Crime No. 131/2006 u/s 394 IPC, Case Crime No. 346/2006 u/s 302/394/411/201/34 IPC & Case Crime No. 360/2006 u/s 25/4 Arms Act registered at P.S. Kotwali Gangnaher, Roorkee, District Haridwar; the fact that Paras 5 to 8 of the bail application state that the applicant has been released on bail in all the cases except Case Crime No. 83/2006; the fact that in the counter affidavit, it is stated that the contents of the bail application are admitted and the applicant has been released on bail in the aforesaid three cases excluding Case Crime No. 83/2006; according to para 9 of the counter affidavit, the police have taken a preventive measure under Section 109 Cr.P.C. for which a challani report has been submitted before the court and under section 109 Cr.P.C., it is not an offence, it is a preventive measure under the Cr.P.C.; and in the facts & circumstances of the case, this is a fit case for bail. Let the accused-applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the Special Judge (Gangster) concerned. (J.C.S. Rawat, J.) Dated 28.11.2008 V.K.