IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 4th day of June, 2010 Ist Bail Application No. 552 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Kali Bahadur Mall .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party Arising out of Case Crime No. 671/2009, U/s 5 Explosive Substance Act, 1908, PS Ghansali, District Tehri Garhwal. June 04, 2010 HON’BLE DHARAM VEER, J. Heard Mr. Sandeep Kothari, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicant argued that as per the prosecution case, the explosives shown to be recovered from the possession of the applicant actually belonged to co-accused Ram Chandra Uniyal, against whom the case was subsequently lodged as Case Crime No. 743/2009 and he is the main accused, who has been granted bail by this Court vide order dated 24.9.2009 and, therefore, the present applicant is also entitled for bail on the basis of parity. He further submitted that applicant is a poor labourer having no previous criminal history, who is in jail since 6.8.2009 and the trial of the case is yet to conclude. 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 Kali Bahadur Mall be released on bail on his executing a personal bond and furnishing of two sureties, each in the like amount, to the satisfaction of CJM, Tehri Garhwal. 2 Bail application is allowed accordingly. (Dharam Veer, J.) 4.6.2010 PRABODH