IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 4th day of January, 2008 Criminal Bail Application No. 17 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Bunty S/o Late Sri Kailash R/o Kanwali Road, P.S. Kotwali, District Dehradun ….Applicant (In Jail) Versus State of Uttarakhand ……….Opposite Party _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Arising out of Case Crime No.164 of 2007 U/Ss 380/411 IPC P.S. Cantt., Distt. Dehradun Hon’ble Dharam Veer, J. Heard Sri Sandeep Tandon, learned counsel for the applicant and Sri Harish Pujari, learned Addl. GA for the State. In brief the prosecution case is that in the night of 27.8.2007, a theft was taken place from the shop of the complainant and the ornaments of silver and gold valued about Rs.18,000/- were stolen. With the same averments, the FIR was lodged on 28.8.2007 at 21:30 hours at RoP Bindal, P.S. Cantt., Distt. Dehradun by Hira Soni Learned counsel for the applicant submitted that the applicant was arrested by the police on 23.9.2007 and 2 silver bracelets, one locket, eight bichuwas and one Tabeez of Silver was said to be recovered from his possession. He further submitted that these items which were shown to be recovered from the possession of the applicant were not mentioned in the FIR. He further submitted that the said items were also not identified as per law. He further submitted that the applicant is in jail since 23.9.2007 and the trial has yet not been started. After considering all the fact and circumstances, without expressing any opinion about the final merit of the case, the Court is of the view that the present applicant deserves bail at this stage. Let applicant Bunty be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the C.J.M., Dehradun. (Dharam Veer, J.) January 4, 2008 Rajeev Dang