HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 9th February, 2009 1st Bail Application No. 36 of 2009 Order on the bail application of the accused. Mohd. Anwar S/o Anaulhaq …….. Applicant Versus State of Uttarakhand …….. Opposite Party In Case Crime No. 339 of 2008 U/s 14 Foreigners Act and Section 12 Passport Act and Section 3 of the Passport Entry into India Police Station Kotwali Roorkee District Haridwar Hon’ble J. C. S. Rawat, J. Heard Mr. Navneet Kaushik, Advocate for the applicant; Mr. B.S. Parihar, Brief Holder for the State; and perused the record. Learned counsel for the applicant contended that the applicant has filed the school leaving certificate which shows that the applicant was admitted in the school in the year 1995; the applicant has also filed ration card of his father; the entries in the parivar register shows the date of birth of the applicant as 1988; the applicant has also filed birth certiciate of his three children alongwith the bail application; and the applicant has filed photo identify card and driving licence. Learned counsel for the applicant further contended that in view of the provision of Section 2 of Foreigners Act in which the definition of the foreigners has been read with Article 5 of the Constitution, the applicant is not a foreigners. It was further contended that the documents which have been filed by the applicant have not been denied by the proseuction or the learned Brief Holder could not state that these documents are forged. Considering the facts and circumstance of the case in totality, it is a fit case for bail. Let the accused/applicant be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate. (J.C.S. Rawat, J.) Dated 09.02.2009 Shiv