IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal Bail Application No.1015 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Rashid Ali ……….Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party ________________________________________________________ Arising out of Sessions Trial No.2/09 (Case Crime No.66411/00/1064) U/s 21/22 NDPS Act, P.S. Kotdwar, Distt. Pauri Garhwal Dated: December 17, 2009 Hon’ble Dharam Veer, J. Heard Mr. Abdul Wahid, Advocate for the applicant and Sri Amit Bhatt, learned Addl. GA for the State. Learned counsel for the applicant submitted that previously he was on bail in the above-said case but as he could not appear before the court below on 3.10.2007, non- bailable warrants were issued against him. Further, the applicant is the resident of Vilalge Daheer Puri, P.S. Nangal, Distt. Bijnor while the trial is pending in the court of Sessions Judge, Pauri Garhwal, which is at a distance of about 100 Kms. and due to the failure of bus, he could not reached in time before the court on the date fixed. He further submitted that he was not intentionally absent but due to the said reason, he could not attend the court on the date fixed. Further, he will cooperate with the trial and he will remain present in the court on each and every date. Lastly he is in jail since 2.3.2009 and the prosecution has not completed its evidence before the trial court. After considering all the facts and circumstances, on hearing learned counsel for the parties and other material on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Rashid Ali be released on bail on his executing a personal bond and also on furnishing two sureties each in the like amount to the satisfaction of C.J.M., Pauri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) 17.12.2009 Rajeev Dang