1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated: Nainital: the 1st day of November, 2011 First Bail Application No. 948 of 2011 Criminal Side Hemant Kumar S/o Rajendra Prasad Sharma R/o Mohalla Maninath P.S. Subhash Nagar District Bareilly Uttar Pradesh …….Applicant (In Jail) Versus State of Uttarakhand ..…..Opposite Party Arising out of Case Crime/F.I.R. No. 108 of 2011 Under Sections: 394, 411, 120B of I.P.C Police Station: Gadarpur District: Udham Singh Nagar Hon’ble Prafulla C. Pant, J. Mr. Rajeev Sharma, Advocate, present for the applicant. Mr. B.S.Parihar, Brief Holder, present for the State. 2 Heard. Applicant– Hemant Kumar, who is in jail in connection with F.I.R. No. 108 of 2011, relating to offences punishable under section 394, 411 and 120B of I.P.C, Police Station Gadarpur, District Udham Singh Nagar, has sought his release on bail. It is strange that applicant is not named in the First Information Report, but his name figures in the column of the check report. Though a part of cash said to have been looted is shown recovered from the applicant, but there is no public witness of the recovery. Co accused Ashish Saxena with similar role has already been directed to be released on bail by the lower court. Learned counsel for the applicant submitted that co accused Brij Kishore has also been directed to be released on bail. It is further pleaded that applicant has no criminal history. In the above circumstances, without expressing any opinion as to final merits of the case, this Court is of the view that the applicant deserves bail. The Bail Application is allowed. Let the applicant- Hemant Kumar, be released on bail on executing personal bond and furnishing two sureties, 3 each of the like amount, to the satisfaction of the Chief Judicial Magistrate, Udham Singh Nagar. (Prafulla C. Pant, J.) Dt.01.11.2011 Nahid