HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 22nd December, 2008 1st Bail Application No. 883 of 2008 Order on the bail application of the accused. Bhaskar Brijwasi S/o Sri Durga Dutt Brijwasi ……. Applicant Versus State of Uttarakhand …… Opposite Party ______________________________________________________________ In F.I.R. No. 349 of 2008 U/s 323, 504, 506, 420, 342 & 384 I.P.C. Police Station Haldwani District Nainital Hon’ble J. C. S. Rawat, J. Heard Mr. Sudhir Singh, Advocate for the applicant; Mr. Amit Bhatt, Addl. G.A. for the State; and perused the record. Vide order dated 20/11/2008, the accused/applicant was granted interim bail and the learned Addl. G.A. was directed to file the counter affidavit in the light of the arguments made before this court and submitted before the learned Sessions Judge by the D.G.C. in which he has leveled so many allegations against the accused/applicant. The counter affidavit which has been filed by the State did not contain any such averment. The learned Addl. G.A. further admitted that there is no averment about the fact which has been mentioned in the order of the trial court made against the present accused/applicant. After due consideration of the submissions of the learned counsel for the parties; contents of the F.I.R.; the allegations made against the accused/applicant; the fact that the accused/applicant was in jail since 24/07/2008; and in the facts and circumstances of the case, it is a fit case for regular bail. Let the accused/applicant be released on regular 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 22.12.2008 Shiv