IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 13th day of July, 2010 Bail Application No. 659 of 2010 Order on the Bail Application: CRIMINAL SIDE 1. Babu Ram S/o Sri Nathu Lal R/o Tanakpur Road, Khatima District Champawat. 2. Kamal Rastogi S/o Sri Babu Ram R.o Tanakpur Road, Khatima, District Champawat. ………… Applicants Versus State of Uttarakhand ………… Opposite Party Arising out of Crime No. 364 of 2007 Under Sections: 420, 467, 468, 171 of I.P.C. Police Station: Banbasa District: Champawat. Hon’ble Prafulla C. Pant, J. Mr. Pratiroop Pandey, Advocate, present for the applicants. Mr. G.S. Sandhu, Govt. Advocate with Mr. B.S. Parihar, Brief Holder, present for the respondent State. Applicants Babu Ram and Kamal Rastogi, who are in jail in connection with crime No. 364 of 2007, relating to offences punishable under Section 420, 467, 468, 471 of I.P.C., Police Station Banbasa, District Champawat, have sought their release on bail. Heard learned counsel for the parties. Learned counsel for the applicants submitted that first information report is lodged after a period of three years of the incident. It is further submitted that 55 trees are said to have been illegally cut and taken away on forged papers. The main allegation 2 in the first information report is against co-accused Sunil Kumar. The co-accused Zahid Ali and Nagarmal Sharma, with similar role, have already been directed to be released on bail. It is pleaded that there is no criminal history of the applicants. In the above circumstances, without expressing any opinion as to the final merits of the case, this Court is of the view that both the applicants deserve bail. Let the applicants Babu Ram And Kamal Rastogi be released on bail on executing a personal bond by each one of them and furnishing two sureties for each one of them, each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Champawat. (Prafulla.C. Pant, J.) Dt. 13.07.2010 H.Negi 3