IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 24th day of November 2009 Urgency Application 3191/2009. 2nd Bail Application No.85 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Ikrar Nada .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 38 of 2007, U/s 395, 412 I.P.C. PS Kotwali Manglore, District Haridwar. _______________________________________________________________ November 24, 2009 HON’BLE DHARAM VEER, J. Sri S.K. Shandilya, learned Counsel for the accused applicant. Sri M.A. Khan, Brief Holder for the State. In view of the grounds mentioned in the accompanying affidavit, urgency application is allowed. Heard on the bail application. First bail application of the accused applicant was dismissed for want of prosecution on 18.2.2009. In brief, the prosecution case is that five unknown persons committed dacoity in the night of 1.2.2007 at 4.45 am in the house of complainant Anil Kumar Pal and looted Rs. 33,000/- and some gold and silver ornaments etc. as mentioned in the FIR. With the same averments, an FIR was lodged by complainant Anil Kumar Pal on 1.2.2007 at 7.30 am in PS Kotwali Manglore, District Haridwar. Learned Counsel for the accused applicant submitted that the applicant was arrested on 31.8.2007, but no recovery of any of the looted items has been made from his possession. No identification parade has been held so far. Accused applicant is in jail since 31.8.2007 and trial is yet to begin. He further submitted that co- accused Akram, who has been alleged with the similar role as of the applicant, has been granted bail vide order dated 19.2.2008 passed by this Court and, therefore, the applicant is also entitled for bail on the basis of the parity. Having heard the submissions of learned Counsel for the parties; after going through the contents of the FIR and after considering the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Ikrar Nada be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of CJM, Haridwar. Bail application is allowed accordingly. (Dharam Veer, J.) 24.11.2009 PRABODH 2