IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 24th day of June, 2010 1st Bail Application No. 598 of 2010 Order on the Bail application of accused. CRIMINAL SIDE Suresh Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of FIR No. 159/2010, U/s, 2/9/39/48/49/50/51 of Wild Life (Protection) Act, 1972 PS Bajpur, District Udham Singh Nagar. _________________________________________________________ With 1st Bail Application No. 599 of 2010 CRIMINAL SIDE Mahesh Singh .….Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of FIR No. 158/2010, U/s, 2/9/39/48/49/50/51 of Wild Life (Protection) Act, 1972 PS Bajpur, District Udham Singh Nagar. _______________________________________________________________ June 24, 2010 HON’BLE DHARAM VEER, J. Since both these bail applications pertain to the same incident, hence they are being decided by this common order. Heard Mr. BS Adhikari, Advocate for the applicants and Mr. Amit Bhatt, Addl. GA for the State. Learned Counsel for the accused applicants argued that Leopard skin has been shown to be recovered from the possession of the accused applicants on 15.5.2010 from a public place, but no independent public witness has been mentioned in the FIR, which creates reasonable doubt on the prosecution story. He further argued that in fact no recovery has been made from the possession of the accused applicants and they have been falsely implicated in this case and they have also got no previous criminal history. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR and other papers available on record and after considering the facts and circumstances of the case and without commending upon the final merits of the case, the Court is of the view that applicants deserve bail at this stage. Let the applicants Suresh Singh and Mahesh Singh be released on bail on executing a personal bond and furnishing of two sureties each in the like amount by each of them to the satisfaction of CJM, Udham Singh Nagar. Both these bail applications are allowed accordingly. (Dharam Veer, J.) 24.6.2010 PRABODH 2