IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Criminal First Bail Application No.863 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Rahul S/o Ramniwas, R/o Bhajanpura Garhimand, Police Station Bhajanpura, Delhi. --------Applicant (In Jail) Versus State of Uttarakhand ------- Opposite party _______________________________________________ Arising out of case crime No.642 of 2008 U/Ss. 379,411 I.P.C., P.S. Kotwali-Haridwar, District- Haridwar. Dated: October 1, 2008 Hon’ble Dharam Veer, J. Heard Sri S.K. Shandilya, learned counsel for the applicant and Sri M.A. Khan, learned Brief Holder for the State. In brief the prosecution case is this that on 26.07.2008 at about 3:00 p.m. three persons, alongwith the present applicant/accused, were caught by the complainant with the help of his associates. It is also mentioned that two mobiles and a sum of Rs. 1,500/- was said to be recovered from the possession of the three accused persons, namely, Azar, Suhaib and Rahul. Learned counsel for the accused/applicant has submitted that as per the allegations, it is a case of pick pocketing. It is further argued that the recovery of the above said two mobiles and Rs. 1,500/- has been made jointly but it was not shown that from whose possession these items were recovered. It is argued that the accused/applicant is in jail since 26th July 2008; he has got no criminal history before this case and the trial of the case has yet not started. After considering all the fact and circumstances and hearing the learned counsel for the parties, without expressing any opinion about the final merit of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Rahul be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Haridwar. (Dharam Veer, J.) 01.10.2008 NCM: