HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 9th April, 2009 First Bail Application No. 268 of 2009 Order on the bail application of the accused. Sunil Borai S/o Bheem Chandra and others …….. Applicants Versus State of Uttarakhand …….. Opposite Party Case Crime No. 283 of 2009 U/s 420 I.P.C. Police Station Kotdwar District Pauri Garhwal Hon’ble J. C. S. Rawat, J. Heard Mr. D.C.S. Rawat, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for the State; and perused the record. After due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R; the fact that applicant nos. 2, 3 and 4 are residing in Delhi and the applicant No.1 is the resident of village Bagar, Patti Sawali, District Pauri Garhwal; the fact that accused/applicants were carrying liquor illegally in the State of Uttarakhand; the fact that for the said offence, separate challan has been filed u/s 60 of the Excise Act and have been enlarged on bail u/s 60 of the Excise Act; the fact that name plates of the other vehicles were recovered from the said vehicle; the fact that the accused applicants are in jail since 14.02.2009; & having regard to the facts and circumstances of the case, it is a fit case for bail. Let the accused-applicants namely, Sunil Borai, Vinod Chandra, Ramesh Chandra and Shyam Sundar be released on bail on executing a personal bond and two local sureties each in the like amount to the satisfaction of the Magistrate concerned on following terms: (i) The accused/applicant No.1 Sunil Borai will not leave the State of Uttarakhand without permission of the Court. (ii) Applicant nos. 2 to 4 namely, Vinod Chandra, Ramesh Chandra and Shyam Sundar will not enter into the State of Uttarakhand till the conclusion of the trial except on the dates fixed for the trial of the three cases namely, Case Crime Nos. 282 of 2009 u/s 60/72 Excise Act, 283/09 u/s 420 IPC & 284/09 u/s 181/192/177/267 M.V. Act. However, if any other case is pending against them in other courts, they will seek the permission of that court to enter into the State of Uttarakhand. (iii) Applicant no. 1 namely, Sunil Borai shall report before the police station concerned on 30th of every month till the conclusion of the investigation. If the above conditions are not fulfilled by the any of the accused applicants or, if it is found that the accused applicants are violating the above conditions, the bail shall stand cancelled. (J.C.S. Rawat, J.) Dated 09.04.2009 Shiv