IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 25th day of November 2009 Ist Bail Application No.1100 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Digambar Singh ….Applicant (In Jail) Versus State of Uttarakhand …….Opposite party Dated: November 25, 2009 ____________________________________________________________________ Arising out of Case Crime No.248/2009 Under Sections 457, 380, 411 of IPC P.S. Dhumakot, District Pauri Garhwal ______________________________________________________________ Hon’ble Dharam Veer, J. Heard Mr. D.C.S. Rawat, Advocate for the applicant as well as Mr. M.A. Khan, Brief Holder for the State and perused the record. Learned counsel for the applicant has submitted that as per the prosecution story on 26.8.2009 in the night near about 18 to 20 bells of brass and about 40 to 45 Silver Chatra were stolen from the Mahakali temple situated at Khala Village. The FIR of the said incident was lodged at P.S. Dhumakot, District Pauri Garhwal on 27.8.2009 at 10:00 AM against unknown persons. He further submitted that the applicant is not named in the FIR. He further submitted that the same articles were shown to be recovered from the possession of the applicant. He further submitted that the identification of articles recovered was not done by the police to prove that these were the same articles which were stolen from the temple in the night of 26.8.2009. It is further submitted that the applicant is in jail since 27.8.2009 and the trial of the case has yet not been started. After considering all the facts and circumstances of the case, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. Let the applicant-Digambar Singh be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Pauri Garhwal. The bail application is disposed of accordingly. (Dharam Veer, J.) 25.11.2009 RG