HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 19th September, 2008 First Bail Application No. 763 of 2008 Order on the bail application of the accused. Kuldeep S/o Sethpal ……. Applicant Versus State of Uttarakhand ….… Opposite Party ______________________________________________________________ Case Crime No. 164 of 2008 U/s 386 I.P.C. Police Station Gangnehar Roorkee District Haridwar Hon’ble J.C.S. Rawat, J. Heard Manish Arora, Advocate for the applicant; Mr. Nandan Arya, A.G.A. for respondent/State; and perused the record. Perused the contents of the F.I.R. Learned counsel for the accused/applicant contended that the alleged mobile was not recovered from the possession of the present accused/applicant as stated in para 9 of the counter affidavit. There is no connecting evidence which could show that the accused/applicant was involved in the said case. The accused/applicant has been falsely implicated in this case. Considering the facts and circumstances of the case; contentions of the learned counsel for the parties; counter affidavit filed by the respondent; the documents filed the accused/applicant; and the facts and circumstances of the case in totality, I find that it is a fit case for bail. Let the accused/applicant be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of J.M., Roorkee. Urgency Application No. 2257 of 2008 is disposed of. (J.C.S. Rawat, J.) Dated 19.09.2008 Shiv