IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 23rd day of November, 2011 First Bail Application No. 882 of 2011 Criminal Side 1. Sonu Nagar, S/o Prem Singh Nagar R/o Village Madwadi P.S. Phalawada, District Meerut (U.P.) 2. Babli Nagar @ Lawrence Nagar S/o Vijay Pal Singh R/o Village Madwadi P.S. Phalawada, District Meerut (U.P.) ……...Applicants ( in Jail) Versus State of Uttarakhand …..….Opposite Party Arising out of case crime no. 45 of 2011 Under Sections: 394, 411 IPC Police Station Khanpur District Hardwar -________________________________________________________________ Hon’ble Prafulla C. Pant, J. Mr. Parikshit Saini, Advocate, present for the applicants. Mr. T.C. Agarwal, Addl.G.A., present for the State. A rejoinder affidavit has been filed on behalf of the applicant. Same be taken on record. -2- Heard. Applicants- Sonu Nagar (S/o Prem Singh Nagar) and Babli Nagar @ Lawrence who are in jail in connection with crime no. 45 of 2011, relating to offences punishable under section 394, 411 IPC, (now section 397 IPC, added), Police Station Khanpur, District Hardwar, have sought their release on bail. Learned counsel for the applicants pleaded that though the complainant Somendra and third accused Rahul Tomar are said to be of the same village but no one is named in the first information report. It is contended that from the FIR it appears that three unknown persons attacked the complainant, and took his motor-cycle. It is pleaded on behalf of the applicants that applicants are innocent. A false recovery of the motor-cycle shown from them . It is contended that recovery alleged from the applicant is improbable in the manner suggested by the prosecution. As to the criminal history, it is pointed out by the learned counsel for the applicants that in the counter affidavit filed on behalf of the State, criminal history of another person with similar name to that of the applicant no. 1 has been shown . In this connection, attention of this Court is drawn to annexures filed with the rejoinder affidavit which discloses that there are two persons in the village -3- named Sonu , S/o Prem Singh . The present applicant is Sonu Nagar, S/o Prem Singh Nagar, grand son of Jiraj Singh who has no criminal history. The another accused Sonu, son of Prem Singh, grand son of Nanwa, has fourteen cases in his credit. In the above circumstances, having considered submissions of learned counsel for the parties, and after going through the papers on record, without expressing any opinion as to final merits of the case, this court is of the view that applicants deserve bail. The bail application is allowed. Let applicants Sonu Nagar (S/o Prem Singh Nagar) and Babli Nagar @ Lawrence be released on bail on executing personal bond by each one of them, and furnishing two sureties for each one of them, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Hardwar. (Prafulla C. Pant, J.) Parul 23.11.2011