IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated : Nainital the 19th November, 2008 Criminal Bail Application No. 897 of 2008 Order on the bail application of accused CRIMINAL SIDE Shamshad S/o Muntjeer …Applicant Versus State of Uttarakhand …Opposite Party Arising out case crime No.330 of 2008 Under Section 394 I.P.C. P.S. Kotwali Roorkee District Haridwar _______________________________________________________ Hon’ble J.C. S. Rawat, J. Heard Mr. A. V. Pundir, Advocate for the applicant and Mr. Amit Bhatt, Addl. Govt. Advocate for the State. Perused the record. Considering the submissions of the learned counsel for the parties; perusal of the contents of the FIR; the applicant-accused was arrested by the police on 02.08.2008 and the complainant was also with the police party at the time of arrest; learned counsel for the applicant-accused submits that the theory is improbable; there is no recovery of any robbed articles from the possession of the applicant; learned Addl. G.A. for the State could not demonstrate that the police conducted any identification parade; and co-accused has already been released on bail, I deem it proper to release the applicant on bail. Let the applicant-accused 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 19.11.2008 LSR