HIGH COURT OF UTTARANCHAL AT NAINITAL ORIGINAL JUDRISDICTION Dated Nainital the June 26th, 2006 Bail Application No. 545 of 2006 Order on the bail application of accused. CRIMINAL SIDE Nadim S/o Jabi Ulla R/o Mohalla Madina Sah Thana Sadar Kotwali Dsitrict – Pilibhit ……… Applicant Versus State of Uttaranchal ………. Opposite Party In Case Crime No. 715 of 2006 U/s 379, 411 I.P.C. Police station – Thana Sitarganj District – Udham Singh Nagar Hon’ble J.C.S. Rawat, J. Heard Sri M.K. Goyal-learned Counsel for the applicant, learned A.G.A. for the State and perused the record. It was contended that the memo of arrest and recovery were prepared at the police station. If the arrest memo would have been prepared at the police station, the arresting Officer and the person who have prepared the memo should also indicate as to why they had not prepared the said memo in the spot. There is no averment in the said recovery memo. It is contended that the prosecution case is not believable. Considering the facts and circumstance of the case in totality, it is a fit case for bail at this stage. Let the accused-applicant, Nadim 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 26.06.2006 LSR