IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 21st day of December, 2009 Ist Bail Application No.1240 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Illiyas & Anr. .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 385 of 2009, U/s 307 I.P.C. and 27, 29, 35, 51 of Wild Life Protection Act, PS Kotwali Ranipur, District Haridwar. _______________________________________________________________ December 21, 2009 HON’BLE DHARAM VEER, J. Mr. Rajendra Singh, Advocate for the accused applicants. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicants submitted that this is a no injury case as it was alleged that the accused applicants had fired on the forest officials in the intervening night of 6/7.10.2009 at 3 am, but they received no injuries and even the FIR was lodged after four days on 10.10.2009 at 5.10 pm by Daman Singh Negi and the delay in lodging the FIR has not been explained. He further submitted that no stolen wood has been recovered from the possession of the accused applicants, who are in jail since 20.11.2009. After due consideration of the submissions of the learned Counsel for the parties; perusal of the contents of the FIR and other papers available on record and having regard to the facts and circumstances of the case and without expressing any opinion about the final merits of the case, the Court is of the view that accused applicants deserve bail at this stage. Let the applicants Illiyas and Furkan @ Kabra be released on bail on executing a personal bond by each of them and furnishing of two sureties each in the like amount by each of them to the satisfaction of CJM, Haridwar. Bail application is allowed accordingly. (Dharam Veer, J.) 21.12.2009 PRABODH 2