IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 24th September, 2008 Criminal Bail Application No. 782 of 2008 Order on the bail application of accused CRIMINAL SIDE Dinesh Jail S/o Late Shri Narendra Kumar Jain R/o 59 Gandhi Road, P.S. Kotwali Dehradun District Dehradun …Applicant Versus State of Uttarakhand …Opposite Party WITH Criminal Bail Application No. 792 of 2008 1. Rahul Malhotra, S/o Rajesh Chandra Malhotra R/o A-23, M.D.A. Colony Chandar Road P.S. Dalanwala, District Dehradun 2. Pradeep Vashisth S/o late Shri Vishnu Vashisth R/o Shastri Puram Colony P.S. Raipur, District Dehradun 3. Chhotey Lal Mishra S/o Shri K. L. Mishra R/o Ladpur, P.S. Raipur District Dehradun …Applicants Versus State of Uttarakhand …Opposite Party Arising out of case crime No. 105/2008 Under Sections 304 I.P.C. and 5/9B Explosive Act, 1884 P.S. Raipur District Dehradun _______________________________________________________ Hon’ble J.C. S. Rawat, J. Heard Mr. S. K. Agarwal, senior Advocate with Mr. Sandeep Tandon and Mr. Mohd. Azim, Advocates for the applicants and Mr. Nandan Arya, learned A.G.A. for the State. Perused the record. It was contended on behalf of the applicants-accused that an accident took place in the factory on 17.05.2007 and the licence of the factory for manufacturing the explosives was suspended by the Joint Chief Controller, Explosive, Agra vide order dated 21.05.2007; the above suspension order was revoked on 18.09.2007 (Annexure–3 to the bail application) only after the compliance which was verified by the Joint Controller of Explosive, Agra during his inspection of the factory; the said fact has also been admitted by the State in its counter affidavit; the applicants- accused were challaned in an earlier accident as Case Crime No.59/2007 under section 304A IPC and 3/4 of Explosive Substances Act; and even if the entire facts are taken into consideration as alleged by the prosecution, the case falls within the ambit of Section 304-A I.P.C. at the most. After due consideration of the submissions of the learned counsel for the parties and perusal of the Annexure-3 of the bail application, I am of the view that it is a fit case for bail. Let the applicants-accused be released on bail on executing a personal bond each and two sureties each in the like amount to the satisfaction of the Magistrate concerned. (J.C.S. Rawat, J.) Dated 24.09.2008 LSR