IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 3rd day of February 2009 Ist Bail Application No.93 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Brijesh Kumar S/o Ram Swroop Singh R/o Mohalla Jundrpur, Distt. Bijnor P.S. Bijnor, U.P. ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: February 03, 2009 ____________________________________________________________________ Arising out of Case Crime No.27/2008 Under Section 379, 411 IPC P.S. Rikhnikhal, District Pauri Garhwal ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Sri Abdul Wahid, learned counsel for the applicant and Sri Amit Bhatt, learned Addl. G.A. for the State. In brief, the prosecution case is that Hemraj Joshi lodged the F.I.R. at Police Station Rikhnikhal, District Pauri Garhwal on 19.05.2008 at 8:40 A:M with the averments that the theft of the battery of road roller was committed. Later on the applicant/accused was arrested by the police on 20.05.2008 and the said batteries were shown to be recovered from his possession. Learned counsel for the applicant/accused submitted that the applicant has not committed theft of any battery. The applicant is a driver of vehicle and he has gone from Bijnor to Dugadda on a jeep after taking the passengers. He further submitted that when the applicant was arrested by the police on 20.05.2008 then he was wrongly challaned by the police in the three cases on the same day, except these three cases the applicant has got no criminal history. He further argued that the applicant is in jail since 20.05.2008 and the trial of the case has not yet been started. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Brijesh Kumar be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M., Pauri Garhwal. (Dharam Veer, J.) Vacation Judge 03.02.2009 RG