IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal I Bail Application No.563 of 2010 Order on the Bail application of accused CRIMINAL SIDE Jonda Neil Markoth @ another ……….Applicants (In Jail) Versus State of Uttarakhand ------- Opposite party Arising out of Case Crime No.452 of 2010 & Case Crime No.453/2010, U/s 420/467/468/471 IPC r/w Section 14 of Foreigners Act 1946 & Section 3/6/12 of Passport Act, 1967 Dated: June 21, 2010 Hon’ble Dharam Veer, J. Heard Mr. BS Adhikari, Adv. for the applicants and Mr. Amit Bhatt, learned Addl. G.A. for the State. Rejoinder affidavit filed today in the court by leanred counsel for the applicant be taken on record. Learned counsel for the applicants argued that the applicants/accused were not arrested in the Indian Territory rather it reveals from the FIR lodged against the applicants that they have been arrested from Nepal Territory. It is further argued that the applicants were coming towards the Indian Territory but they had not entered into the Indian Territory and the said offence would be made out against them only when the applicants would enter inside the Indian Territory. He further argued that the State has filed the counter affidavit along with which the statement recorded u/s 161 Cr.P.C. of Vijay Prasad, Immigration Check Post Officer has been annexed, who has not specifically stated in his statement that the applicants/accused had entered inside the Indian Territory. After considering all the facts and circumstances, perusing the contents of the FIR and other papers available on record, without expressing any opinion about the final merits of 2 the case, the Court is of the view that the present applicants deserve bail at this stage. Let the applicants, namely, Jonda Neil Markoth @ Faisal Osman Mire and Shaun Rickie @ Karer Shire Guled be released on bail on each of their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Champawat. The bail application is allowed accordingly. 21.06.2010 Rajeev Dang (Dharam Veer, J.)