IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital the 24th November, 2008 Order on the bail application of accused Criminal First Bail Application No. 935 of 2008 CRIMINAL SIDE Mohammmad Umar, S/o Hasmuddin, R/o Salempur, P.S. Raniur, District Haridwar. …..Applicant Versus State of Uttarakhand ….Opposite Party Arising out of Case Crime No. 220/2008 Under Sections: 395, 412 IPC. P.S. Kotwali Gangnahar, District Haridwar. Hon’ble J.C.S. Rawat, J. Heard Mr. K.S. Verma, Advocate for applicant, Mr. Amit Bhatt, Addl. G.A for the respondent-State & also perused the record. After due consideration of the submissions of the learned counsel for the parties; the contents of the F.I.R; the fact that no identification parade was conducted by the investigating officer so far; the fact that recovered articles at the instance of the accused applicant under Section 27 Cr.P.C could not be shown to be connected with any evidence or with the F.I.R.; the fact that the evidence of the so called eyewitnesses did not refer the name of the present applicant in their statements; the learned Addl. G.A. could not demonstrate me that any of the eyewitnesses has stated the name of the present applicant; the learned Addl. G.A. could not demonstrate me any list of the articles filed by the complainant which was alleged to be filed after filing of the F.I.R so that it could be connected with the recovered articles; and in the facts & circumstances of the case, I deem it proper to release the accused applicant on 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 the magistrate concerned. (J.C.S. Rawat, J .) Dated 24.11.2008 V.K