IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 13th day of February, 2008 Criminal Bail Application No.128 of 2008 Order on the Bail application of accused. CRIMINAL SIDE Shafique S/o Ahsan Ali, R/o K-373 New Seelampur, Delhi ….Applicant (In Jail) Versus State of Uttarakhand ……….Opposite Party _____________________________________________________________________________________________________________________________________________________ Arising out of Case Crime No.116 of 2007 Under Sections 379/411 I.P.C. and Section 3, 4A, 5&6 of T.W. Act, P.S. Patelnagar, District Dehradun. Hon’ble Dharam Veer, J. Heard Sri Yogesh Pacholia, learned counsel for the applicant and Sri Harish Pujari, learned Additional GA for the State. In brief the prosecution case is that in the night of 26.04.2007 cable wires of Bharat Sanchar Nigam Limited were stolen by some unknown persons. With the same averments, the F.I.R. was lodged by Sri Arvind Kumar, Engineer, Bharat Sanchar Nigam Limited on 27.04.2007 at 16:30 hours in Police Station Patel Nagar, District Dehradun. Learned counsel for the applicant has submitted that the said cable wires were said to be recovered on 18.05.2007 from the godown of the applicant. He has further submitted that no recovery was made form the godown of the present applicant and he has been falsely implicated in the case, on the basis of the confessional statement of the co-accused, arrested by the police on the spot. He has further submitted that the co-accused Rafique who was arrested on the spot has been released on bail by this Court on 25.10.2007 and on the basis of parity of present applicant is also entitled for bail. He has further submitted that the applicant is in jail since 9.06.2007 and the trial of the case has not yet been started and he has got no criminal history before this case. After considering all the facts and circumstances, without expressing any opinion about the final merit of the case, the court is of the view that the present applicant deserves bail at this stage. Let applicant Shafique be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of C.J.M. Dehradun. The bail application is disposed of accordingly. (Dharam Veer, J.) February 13, 2008 ARTI