IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 27th day of November 2009 1st Bail Application No.956 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Kamal Pal .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No. 151 of 2009, U/s 395, 397, 412 I.P.C. PS Bazpur, District Udham Singh Nagar. _______________________________________________________________ November 27, 2009 HON’BLE DHARAM VEER, J. Mr. Pratiroop Pandey, Advocate for the accused applicant. Mr. M.A. Khan, Brief Holder for the State. Heard. Learned Counsel for the accused applicant argued that the applicant has not been named in the FIR. The accused applicant is having a meat shop just opposite the office (place of occurrence) of the complainant. He further argued that the alleged incident took place on 22.5.2009 and the applicant was arrested on 22.6.2009 and it was shown that Rs. 92,000/- was recovered from the possession of the applicant, which belongs to the applicant and the same is not out of the looted amount of money and the applicant has also claimed this money before the trial court. He has also argued that similar role has been assigned to co-accused Sharif who has been granted bail by this Court vide order dated 22.10.2009 and the applicant is also entitled for bail on the basis of the parity. He further argued that no identification parade has been held so far and even the money shown to be recovered from the possession of the applicant was not identified. He lastly argued that there is no criminal history against the applicant. Learned Brief Holder for the State also could not be able to show any previous criminal record of the applicant. Having heard the submissions of learned Counsel for the parties; perusal of the contents of the FIR and after considering the facts and circumstances of the case and without expressing any opinion on the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Kamal Pal 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, Udham Singh Nagar. Bail application is allowed accordingly. (Dharam Veer, J.) 27.11.2009 PRABODH 2