1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 11th day of November, 2011 First Bail Application No. 804 of 2011 Criminal Side Sunny Saini S/o Mahipal Saini R/o Workshop Colony Roorkee P.S. Kotwali Roorkee District Hardwar …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime No. 221 of 2011 Under Sections: 364A, 120B of I.P.C. Police Station: Kotwali Roorkee District: Hardwar Hon’ble Prafulla C. Pant, J. Mr. Manish Arora, Advocate, present for the applicant. Mr. T.C.Aggarwal, Additional G.A, present for the State. 2 Heard. Applicant– Sunny Saini, who is in jail in connection with Crime No. 221 of 2011, relating to offences punishable under section 364A and 120B of I.P.C., Police Station Kotwali Roorkee, District Hardwar, has sought his release on bail. Learned counsel for the applicant submitted that a minor boy, was said to have been attempted to be kidnapped in the incident, and three accused namely Dinesh, Sanjay Sharma and Mange Ram were arrested at the spot. The case of present applicant is different. It is alleged against him that he succeeded in fleeing from the scene of occurrence and his name was disclosed by the co accused. It is further submitted that the statement of the co accused is inadmissible in evidence as against the present applicant. It is further pointed out that applicant has no criminal history. Having considered submissions of learned counsel for the applicant, 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 the applicant deserves bail. The Bail Application is allowed. Let the 3 applicant- Sunny Saini, be released on bail on executing personal bond and furnishing two sureties, each of the like amount, to the satisfaction of Judicial Magistrate, Roorkee. (Prafulla C. Pant, J.) Dt.11.11.2011 Nahid